George Avraam says the high-end award is consistent with COVID-related wrongful dismissal jurisprudence.
By Julius Melnitzer | December 29, 2022
In a judgment that amounts to a handbook for employers and employers involved in COVID-based terminations, the Ontario Superior Court has awarded 24 months’ notice to an Air Canada employee with 23.5 years’ service laid off during the pandemic.
“This award, at the higher end of the notice period, is consistent with how the courts have been treating wrongful dismissals post-COVID,” says George Avraam, a partner in Baker & McKenzie LLP’s Toronto office.
Masayo Williams was a 52-year-old international operations training manager earning a base salary of $70,380 when AC terminated her in May 2020 as part of a 50 percent reduction of its workforce. She turned down the company’s separation package. MORE
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.
RELATED STORIES BY AUTHOR
SIGA liable for $1.2M in LTD benefits following termination without cause: Saskatchewan court
Arbitrator finds employer violated Ontario Human Rights Code for termination over vaccine refusal
Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court
Supreme Court decision aggravates termination clause problems for employers
B.C. court decision highlights significance of termination notices