Key Issues

1. Notice Period: Appropriate notice period for wrongful dismissal.
2. Failure to Mitigate: Whether Oakley failed to mitigate his damages.
3. Fiduciary Duties: Breach of fiduciary duties related to Oakley’s pension.
4. Damages: Entitlement to aggravated and/or punitive damages.

Facts

• Termination: Oakley, 67, was terminated in January 2022 after 41 years due to the pandemic’s impact.
• Job Offers: He declined a similar job at 81% of his previous salary and an offer to return to his original job.
• Pension Issues: Access to his pension was delayed due to the Defendants' failure to issue a Statement of Termination.

Court Findings

1. Notice Period: Determined to be 24 months.
2. Mitigation of Damages: Oakley failed to mitigate by refusing job offers, limiting damages to $3,302.76.
3. Fiduciary Duties: Defendants breached duties, entitling Oakley to reimbursement for legal fees.
4. Damages: No basis for aggravated or punitive damages.

Result

• Compensation: Limited to $3,302.76 for failure to mitigate. Legal fees reimbursed due to fiduciary breach.