58-year-old general manager argues employer's reasons make finding new work nearly impossible
The Court of King's Bench of Alberta recently dealt with a wrongful dismissal claim involving a general manager who spent almost his entire working life with an electrical contractor.
The worker started as a helper at approximately 23 years old, earned his master electrician certification, and worked his way up to general manager in 2008.
After 34 years with the employer, he was terminated without cause in November 2013 at age 58.
The worker argued he was entitled to a reasonable notice period exceeding the commonly accepted 24-month upper limit.
He also claimed payment for unutilised vacation time and damages for lost annual bonuses during the notice period.
The worker was 58 years old at the time of his termination in November 2013.
He had started with the electrical contractor in 1978 when he was approximately 23 years old. When the worker became general manager in 2008, he ran the day-to-day business operations whilst the company founder controlled the corporate finances and overall business direction.
In late spring 2013, the founder began transitioning the president duties to his son, who was also one of the shareholders.
The son and founder determined that changes were required in the direction of the company, including a change in management styles, resulting in the worker's termination.
The worker did not have a written employment...
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