Lexa Cutler

The plaintiff, Helena Maximenko, a senior manager with nearly 21 years of service, was terminated without cause by the defendant, Zim Integrated Shipping Services (Canada) Co. Ltd., one month before her 59th birthday.

She sought 24 months' pay in lieu of notice, including base salary, bonuses, pension, and car allowance.

The defendant argued for a shorter notice period (18-20 months) due to alleged failure to mitigate damages and disputed compensation calculations.

The court found the plaintiff was entitled to 24 months' notice, ruling that the defendant failed to prove inadequate mitigation efforts.

The court determined the plaintiff's base salary, calculated bonuses using a discounted three-year average, awarded car allowance, and found the value of recent pension contributions to be a reasonable measure of pension damages.

The court ordered the defendant to pay the plaintiff $287,969.00 in damages, plus an unpaid 2022 bonus of $13,000, and to continue health benefits until March 15, 2025.

The plaintiff in a proposed class action regarding employee misclassification brought a motion to substitute herself with a new representative plaintiff.

The defendant opposed, arguing the new plaintiff's claim was statute-barred and her interests were misaligned with the class because she recently sought work with the defendant as an independent contractor.

The court granted the substitution, finding the new plaintiff had a tenable claim because discoverability of Employment Standards Act entitlements may be delayed when an employer represents a worker as an independent contractor.

The court also found her recent job search did not preclude her from adequately representing the class.