Reasonable Notice And The Older Worker

There was once an expectation that workers would retire by age 65.  That expectation is changing.  For a variety of reasons, many workers now want or expect to work later in life.  As it can no longer be assumed that employees will retire at a certain age, employers will encounter issues about dismissing older and long-serving employees.  In recent years, we have seen a number of claims relating to dismissal of older and long-serving employees.  To pick a few examples:

• An employee with 37 years of service claimed for constructive dismissal.  The employee had worked for the same employer since he was 16 – his entire working life.  He never completed high school, having quit school to take up full-time employment with the company.  He was in his early 50s when the constructive dismissal claim arose: Russo v Kerr Bros. Ltd., 2010 ONSC 6053.