Being terminated in your fifties or sixties is a fundamentally different experience than losing a job in your twenties. The financial stakes are higher, re-employment is genuinely harder, and the legal entitlements are — by design — greater. Ontario law recognizes all of this.

Age amplifies your notice entitlement

One of the central Bardal factors courts use to calculate reasonable notice is age. The older you are when terminated, the longer the notice period Ontario courts are likely to award. This reflects the reality that older workers face longer periods of unemployment, more difficulty finding comparable positions, and greater financial vulnerability when their income is interrupted.

For a 58-year-old senior manager with 15 years of service, a court might well award 20 to 24 months of common law notice — substantially more than the ESA minimum of eight weeks. Awards at or near 24 months are not unusual for employees in their late 50s or 60s with significant tenure.

No mandatory retirement in Ontario

Since 2006, mandatory retirement has been prohibited in Ontario under the Human Rights Code. Age is a protected ground. Your employer cannot terminate you because you have reached a certain age, because they want to bring in younger employees, or because of assumptions about your productivity tied to your age.

If you believe your termination was connected to your age — through explicit comments, a pattern of treatment in the lead-up to your dismissal, or replacement by a significantly younger person — that is a potential human rights claim in addition to wrongful dismissal.

Courts recognize that mitigation is harder for older workers

Terminated employees in Ontario have a duty to take reasonable steps to find comparable employment. However, courts have long recognized that this is genuinely more difficult for older workers. Hiring biases, limited relevant postings, and the challenges of competing against younger candidates with more recent credentials all factor into a court's analysis.

The practical result: even if you have not found a new position by the time your case is heard, courts are less likely to reduce your award on mitigation grounds when age is a documented obstacle to re-employment.

ESA severance pay and the value of long service

For employees with five or more years of service who are terminated by employers with payrolls of $2.5 million or more, ESA severance pay under s.63 applies — separate from and in addition to termination pay. The calculation is one week of wages per year of service, up to 26 weeks. A 20-year employee qualifies for the maximum. This is a statutory entitlement your employer cannot waive.

What to do immediately

Do not sign anything the day you are terminated. Short deadlines on severance offers are a negotiating tactic, not a legal requirement. You are entitled to a reasonable amount of time to review the offer and obtain independent legal advice.

King Law · Employment Lawyers · Oshawa, Ontario 📧 steven@kinglaw.ca | 🌐 kinglaw.ca

This post provides general legal information for Ontario employees. It is not legal advice. Contact us directly for advice specific to your situation.