Company ordered to pay damages for 21.5 months' pay in lieu of notice, $88,509 plus costs
Apr 03, 2025
“When an employer is conducting a termination, it’s advisable to provide the employee with a reference letter or assistance in a job search - if they're able to show that the employee didn't avail themselves of all the support it provided, the employer is going to be able to point to that as evidence to satisfy the test that the employee didn't take reasonable steps to mitigate.”
So says employment lawyer Jeff Rochwerg of Turnpenney Milne in Toronto, after the Ontario Court of Appeal dismissed an employer’s appeal asserting a failure to mitigate and overturned a deduction in the worker’s reasonable notice period.
Koolatron is a manufacturer of thermoelectric and refrigeration products based in Brantford, Ont. The company hired the worker around 1989.
In 2018, Koolatron terminated the worker’s employment with 2.5 months’ notice, providing him with a letter of termination that explained shortage of work as the reason for dismissal. It also issued a record of employment (ROE) that cited the same reason.
However, the company held a retirement lunch for the worker and gave him a gift in recognition of his 29 years of service.
The worker made some effort to search for another job, but he was unsuccessful. Koolatron told the worker that there might be some part-time employment with the company available, but the worker didn’t...
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