Ont. court docket awards 24 months pay to executive-level worker

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Michael Glazier, a senior director throughout the Chief Technique Workplace at Ciena Canada, was terminated in early 2022 after 22 years of service. He was 58 years outdated.

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An engineer by commerce, Glazier stuffed technical roles at Ciena, together with that of principal architect previous to turning into a director. Regardless of his lengthy tenure, he was offered with just one employment contract throughout his 22 years of service, relationship again to 1999.

Glazier was extremely paid, incomes $229,163.26 yearly. He earned an annual bonus, acquired pension matching and was enrolled within the firm’s profit plan.

On his termination, Glazier was supplied with 12 weeks working discover and was offered 26 weeks of pay. He sued for wrongful dismissal damages. The case was heard by the use of abstract judgment, a half day listening to, as an alternative of a full blown trial. This was regardless of Ciena’s preliminary protestations that the case couldn’t be resolved at a half day listening to.

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On the abstract judgment movement, the court docket famous Glazier utilized for 120 jobs however was unable to seek out comparable employment. This was even supposing Glazier took on-line programs to extend his marketability. Finally, Justice Mew of the Superior Courtroom awarded Glazier 24 months of discover of his wage and the bonus he would possible earn over the 24 month interval. He was awarded an extra $50,000 for lack of advantages.

There are loads of good takeaways from this case and it’s an apparent one to depend on by executives and long run workers which were terminated.

To me, the true lesson from this case is that defendant employers in litigation routinely insist that circumstances have to be heard by the use of trial. That is tactical in fact, as trials are notoriously arduous to guide inside a 12-18 month timeframe and are prohibitively costly for plaintiffs to pursue.

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The excellent news for workers is that Ontario courts are extra readily accepting wrongful dismissal circumstances to be heard by the use of abstract judgment motions, a condensed listening to of the problems. That is so, even for very extremely paid government workers the place the quantum of damages might be a lot larger than the common worker.

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Abstract judgment motions could be booked very early in litigation with listening to dates which are a lot sooner than trial dates. These motions require strict timetabling for defendants to stick to for the months main as much as the listening to. A court docket imposed timetable limits alternatives for delay ways, and litigation manoeuvring. It creates many alternatives for settlement earlier than a abstract judgment movement is even heard. In spite of everything, it’s inconvenient if not extraordinarily troublesome for an employer to maintain up with the rigours of litigation month to month.

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Whereas our court docket system has shouldered heaps of criticism for lack of assets and lengthy delays, my expertise all through 2024 is that judges have proven a excessive diploma of engagement on wrongful dismissal circumstances, working to have circumstances timetabled and heard comparatively expeditiously. Most wrongful dismissal actions are easy with restricted proof required to find out all the points.

Judicial engagement, by the use of quick case conferences, are sometimes made accessible to the events previous to abstract judgment motions and often will get the events speaking earlier, rising the probabilities of facilitating resolutions earlier than litigation goes too far.

As an lively litigator, I can see the system is working. The wheels in our courthouses are turning. Employers ought to count on litigation in employment circumstances to hurry up and never decelerate. The time for prolonged trials and litigation in employment circumstances might be behind us.

Have a office concern? Perhaps I may help! E mail me at sunira@worklylaw.com and your query might be featured in a future column.

The content material of this text is normal info solely and isn’t authorized recommendation.

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