Background:

• Slav Kozar, aged 61, was employed by CN for over 30 years with an unblemished record and held a managerial position. He was terminated on April 5, 2021, without notice or pay, following a complaint regarding his handling of a workplace sexual harassment incident.

Claims:

• Plaintiff: Wrongful dismissal, seeking 24 months’ pay in lieu of notice and aggravated damages.
• Defendant: Justified termination due to Kozar's failure to meet management standards.

Key Issues:

• Whether summary judgment is appropriate.
• If CN had just cause for termination.

Findings:

• Summary Judgment: Appropriate in this case.
• Just Cause: CN failed to prove just cause due to insufficient and hearsay evidence. Kozar’s termination was deemed wrongful.

Decision:

• Liability: CN is liable for wrongful dismissal.
• Damages: Kozar is entitled to 24 months’ pay, totaling $202,197.12 based on an average annual income of $101,098.56.
• Mitigation: Kozar acted reasonably by taking early retirement benefits and attempting to find comparable employment, with no significant opportunities available given his age, lack of formal education, and specialized work history.

Legal Principles:

• McKinley v. BC Tel: Contextual analysis for just cause.
• Grant v. Electra Sign Ltd.: Employer's burden to prove failure to mitigate damages.
• Bardal v. Globe & Mail Ltd.: Factors for reasonable notice include length of service, age, and availability of similar employment.

Conclusion: Kozar was wrongfully dismissed, and summary judgment is granted in his favor with damages awarded.