Heslop v. Cooper's Crane Rental Ltd.
Wrongful Dismissal at Age 65: 12 Months Notice Awarded
Summary
A wrongful dismissal case involving a plaintiff terminated at age 65 without a retirement policy or contractual agreement extending employment beyond that age. The court applied common law principles of notice and awarded 12 months’ notice based on age, length of service, and employment circumstances. The plaintiff’s claim for mental distress damages was dismissed as the termination was not conducted in a high-handed or malicious manner. The case also included claims for unpaid overtime, which were dismissed due to lack of approval and unreliable records.
Outcome
Plaintiff awarded 12 months’ notice; mental distress and overtime claims dismissed.
Award
Plaintiff awarded 12 months’ notice based on age, length of service, and employment circumstances.
Key Factors
- wrongful dismissal
- reasonable notice
- mental distress
- overtime compensation
- termination at age 65
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.