Abramson v. Windsor-Essex County Health Unit
Wrongful Dismissal: Employee Awarded 18 Months Notice After Mandatory Retirement Claim
Summary
A wrongful dismissal case where the plaintiff was required to retire at age 65 despite no mandatory retirement policy. The court found the defendant failed to establish such a policy and awarded the plaintiff 18 months’ salary in lieu of notice, applying common law principles of reasonable notice. The case also included a breach of employment contract claim regarding unpaid salary, which was found to be barred by the six-year limitation period. The court also addressed whether the plaintiff mitigated damages by seeking alternative employment in Ontario and British Columbia, concluding that the plaintiff took reasonable steps.
Outcome
Plaintiff awarded 18 months’ salary in lieu of notice; breach of contract claim dismissed due to limitation period.
Award
Plaintiff awarded 18 months’ salary in lieu of notice.
Key Factors
- wrongful dismissal
- mandatory retirement
- reasonable notice
- breach of employment contract
- limitation period
- mitigation of damages
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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.