Gazier v. Ciena Canada, ULC
Michaël Gazier
Law Firm / Organization
Not Specified
Lawyer(s)

Daria A. Strachan

Ciena Canada, ULC
Law Firm / Organization
Mathews, Dinsdale & Clark LLP
Lawyer(s)

Greg McGinnis

Ciena Canada, Inc.
Law Firm / Organization
Mathews, Dinsdale & Clark LLP
Lawyer(s)

Greg McGinnis

  • Facts: Gazier, employed for 22 years and aged 58 at termination, sought damages for wrongful dismissal, including claims for notice, bonus, benefits, pension contributions, and vacation pay.
  • Issues: Reasonable notice period, entitlement to bonus during notice period, value of benefits, pension contributions, vacation entitlement, and mitigation of losses.
  • Ruling:
    • Notice period set at 24 months.
    • Gazier entitled to bonus payments based on past performance, calculated for two fiscal years post-termination.
    • Benefits valued at $25,000 per year.
    • Gazier did not fail to mitigate losses, demonstrating diligent job search efforts.
    • Vacation pay based on six weeks, calculated on base salary.
  • Amount Awarded: Specifics on the calculation of damages to be discussed by counsel based on the ruling, with a focus on notice period, bonus, benefits, and vacation pay entitlements.
Superior Court of Justice - Ontario
CV-22-88906
Employment law
Plaintiff