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ARTICLE · 25 FEBRUARY 2015

How Not To Terminate A Long-Service Employee

Gowling WLG
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Lessons learned from Arnone v. Best Theratronics Ltd., 2015 ONCA 63, on appeal from 2014 ONSC 4216.

CanadaEmployment and HR
P.A. Neena Gupta
P.A. Neena Gupta
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Lessons learned from Arnone v. Best Theratronics Ltd., 2015 ONCA 63, on appeal from 2014 ONSC 4216

The recent Ontario Court of Appeal in Arnone v. Best Theratronics Ltd., 2015 ONCA 63, illustrates how the litigation process can hammer employers who do not make reasonable offers when terminating a long-service employee. Hard-ball litigation tactics can end up costing the employer way more than a reasonable settlement proposal.

On Nov. 26, 2012, Best Theratronics terminated Matthew Arnone, solely due to restructuring. There was no just cause alleged and the only issue was how much was reasonable notice.

At the time of termination, Arnone was 53 and had worked 31 consecutive years with his employer. He was a certified mechanical engineering technologist with expertise in Cobalt 60 industrial and medical equipment. He was earning approximately $95,000 at the time and belonged to a defined benefit pension plan.

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