ELDERLY EMPLOYEES ENTITLED TO DAMAGES FOR WRONGFUL DISMISSAL - COURT

Aug 27, 2013

By AM740 Staff

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It’s a victory for older employees .

People who work into their 70s and even their 80s may be entitled to large damage awards if they are wrongfully dismissed.

That’s the nub of recent decisions by the Ontario Superior Court.

The decisions mean that long service employees over 65 who are fired without cause  can expect to receive damages for up to two years or more.

Employers can limit their liability in wrongful dismissal cases by having employees enter into employment contracts that clarify the rights and obligations of both parties beyond legislated minimum notice periods in the event of a dismissal.

In unionized workplaces, these issues are typically covered in the collective agreement.

 

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