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Ozorio v. Canadian Hearing Society

By Simon Heath, BA, MIR, LLB, Heath Law | 2 Minutes Read March 15, 2017

Employee’s age justifies wrongful dismissal damages of 24 months

Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employee Relations, Employment Standards, Payroll / age, Bardal Factors, common law damages, common-law notice period, damage awards, employment law, employment standards act, long service employees, older employees, outplacement services, Ozorio v. Canadian Hearing Society

By Vey Willetts LLP | 3 Minutes Read September 16, 2016

“Age is an impediment”: Fair severance for older employees in Ontario

Courts have previously recognized that older employees may struggle to find comparable re-employment. In a recent decision, the Ontario Superior Court of Justice awarded 24 months’ common law reasonable notice to a dismissed employee who was 61 years old at the time of dismissal. This decision provides some helpful direction and guidance for employers that move to terminate the employment of older, long service employees from their organization.

Article by Vey Willetts LLP / Employee Relations, Employment Standards, Human Rights, Payroll / age protected ground, bona fide reasons, common law reasonable notice, dismiss an older employee, dismissed employee, employment law, fair severance for older employees, human rights code, long service employees, older employees, older long service employees, Ozorio v. Canadian Hearing Society, reasonable notice, terminate long service employees, “age is an impediment” to re–employment

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