Mega-award in mega-city merger

|Canadian Employment Law Today

Gismondi v. Toronto (City) (2002) 16 C.C.E.L. (3d) 97 (Ont. S.C.J.)

Gismondi was a professional engineer who had been working for the City of North York for 20 years when the various cities comprising metropolitan Toronto merged, making many positions surplus. Guidelines were developed and put in place in order to ensure a fair process with respect to competitions for jobs in the new mega-city. Gismondi applied for the position of manager of road operations and was granted an interview.

Gismondi was not chosen to fill the position. His employment was terminated and he received a separation package pursuant to a program by which displaced employees were given a separation payment of four weeks for every year of completed service to a maximum of 96 weeks. Group benefits were extended for the same period of time while pension contributions were continued to a maximum of 52 weeks.