Key Issue: Wrongful dismissal claim seeking 24 months’ pay in lieu of notice.
Key Facts:
- Ms. Maximenko worked for Zim for nearly 21 years, holding a senior management position since 2006.
- Her employment was terminated without cause on March 15, 2023.
- Zim offered her eight months’ salary ($68,600) upon signing a release, which she declined.
Court Findings:
- Notice Period: Ms. Maximenko was entitled to 24 months’ notice due to her long tenure, senior role, age (almost 59), and the niche nature of the ocean freight industry.
- Mitigation Efforts: Zim argued that she failed to mitigate her damages adequately. The court rejected this claim, noting her reasonable efforts, including 70 job applications, and personal challenges (caring for her ill mother).
Damages Awarded:
- Base Salary: $112,763.28 per year, for a total of $225,526.56 over 24 months.
- Bonuses: $21,210.02 annually, discounted due to 2023 non-payment, totaling $42,420.04.
- Car Allowance: $18,000 for 24 months.
- Pension Loss: $34,800 based on employer contributions.
- Health Benefits: Continued coverage until March 15, 2025.
- Unpaid Bonus (2022): $13,000.
Total Compensation: $320,746.60, less $32,777.60 already paid. Immediate payment of $227,975.46, with the remainder held in trust.
Disposition: Zim must continue health benefits and comply with payments. Costs submissions were invited if parties could not agree.
