Case Law Round Up 2023

Stay informed on recent BC, Alberta and Ontario court decisions. Get access to past and future cases you need to know about.   

2023 -12.  Air Canada ordered to pay $30,000 in discrimination damages for failure to accommodate worker

Worker awarded over $30,000 in discrimination damages against Air Canada in Marcovecchio v. Air Canada, 2023 CHRT 56. The denial of promotion due to physical limitations was deemed discriminatory.

The employer ordered to compensate for loss of earnings and damages for pain and suffering.

More 

2023 -12.  Ontario worker entitled to severance after frustration of employment caused by multiple absences due to unrelated illnesses

An Ontario worker is entitled to statutory termination pay and severance pay after her employment contract was frustrated by a pattern of absenteeism caused by multiple illnesses and an injury, an arbitrator has ruled.

In Unity Health v. Ontario Nurses’ Association, 2023 CanLII 124896, the arbitrator determined each and every instance when the worker’s employment was frustrated by her absences was because of an illness or an injury. 

More 

2023 -12.  B.C. worker awarded remainder of fixed term 18-mos contract after 3 mos

A worker in British Columbia who was fired for cause over a “strongly worded” email has been awarded $81,100 in damages.

In a Lefebvre v. Gisborne Holdings Ltd., 2023 BCSC 2231, the B.C. Supreme Court found that Kavita Lefebvre was wrongfully dismissed by Gisborne Holdings Ltd (Gisborne).

More 

2023 -12.  Ontario employee fired during restructuring awarded $1.6 million in damages

As an employer was undergoing restructuring in 2022, the 63-year-old employee was dismissed without cause.

While the Court acknowledged that the employee’s efforts to mitigate his damages by searching for alternative employment were imperfect, the employee was still awarded damages commensurate with the full 24-month notice period in Jimmy How Tein Fat v. PRGX Canada Corp., 2023 ONSC 6374.

More 

2023 -12.  Ontario manager fired without notice for conflict of interest, upheld

A worker who knowingly breached his employer’s conflict-of-interest policy is not entitled to statutory notice or termination pay, the Ontario Labour Relations Board has ruled in Francisco Baraquio v. IQVIA Solutions Canada Inc., 2023 CanLII 126946.The Ontario Superior Court of 

More 

2023 -12.  Ontario Indigenous employee awarded $20k after employer relied on investigator's conclusions regarding a discrimination & harassment case

Indigenous teacher William 'Billy' Kenney is dismayed as the Thames Valley District School Board (TVDSB) considers appealing an Ontario Human Rights Tribunal decision, which found he faced discrimination at work.

The tribunal awarded Kenney $20,000, citing the TVDSB's reliance on a questionable investigation report and failure to address complaints adequately.

More 

2023 -12.  Ontario short-service worker receives 5.5 mos severance after 5 mos of employment

In Grimaldi v. CF+D Custom Fireplace Design Inc, a senior project manager at CF + D Custom Fireplace Design Inc. who worked for only four months and 23 days before being terminated was awarded five months and two weeks of pay, along with 12.5% of pay in lieu of benefits

More 

2023 -12.  Ontario employer breached worker’s privacy by ordering him to undergo post-incident drug and alcohol testing

The worker, a radiation surveyor trainee, had an incident while conducting a survey in a waste management area due to heavy snow. While the arbitrator acknowledged the incident's significance, it was found that CNL failed to follow its policy by not properly assessing the circumstances before testing, leading to a breach of privacy.

The arbitrator ordered CNL to pay the worker a nominal damage award of $1,000 for the privacy rights violation in  Canadian Nuclear Laboratories v. United Steelworkers Local 1568, 2023 CanLII 12159.

More 

2023 -11.  Ontario employer and supervisors convicted in workplace fatality

Limen Group Construction, a Toronto-based firm, and two supervisors were convicted under Ontario's Occupational Health and Safety Act for failing to properly train and supervise employees involved in a fatal construction site accident. The incident occurred when a concrete block, improperly lifted by a crane using embedded rebar as an attachment point, fell and crushed a carpenter, resulting in his death.

The court found the employer and supervisors guilty, emphasizing the need for employers to proactively address workplace hazards and provide adequate training and supervision to avoid serious accidents.

More 

2023 -11.  Ontario HTRO orders repayment of settlement funds due to breach of confidentiality

A recent case from the Human Rights Tribunal of Ontario (HRTO) underscores the significance of confidentiality clauses in settlement agreements.

In L.C.C. v. M.M., an employee breached their settlement agreement by disclosing details of the resolution on social media, leading to a demand for repayment of settlement funds. The HRTO upheld the employer's right to enforce the agreement, emphasizing the importance of clear and proportional confidentiality provisions in settlement agreements.

More 

2023 -11.  Former Sotheby’s real estate agent awarded 11 months’ severance after fixed-term contract terminated

The Ontario Superior Court of Justice has awarded damages to a former real estate agent of Max Wright Real Estate Corporation, operating as Sotheby’s International Realty Canada, after the company terminated his contract without notice.

The Elder v. Max Wright Real Estate case focused on whether Sotheby’s could terminate the agent’s contract without notice and the appropriate compensation for damages. It also delved into the issue of contracts for independent versus dependent contractors.

More 

2023 -11.  Arbitrator overturns dismissals of three workers on LTD at Trigon Pacific Terminals.

An arbitrator in British Columbia has overturned the dismissal of three unionized workers at Trigon Pacific Terminals who were on long-term disability (LTD) for more than two years.

The case, which initially included a fourth employee whose situation was resolved earlier, centered around whether the employer was legally justified in terminating these employees based on the collective agreement and established practices.

More 

2023 -11.  Superior Court Determines That a Failure To Accept An Offer Of Re-Employment By An Acquiring Company Is Not a Failure To Mitigate

In the case of Giduturi v. LG Electronics Canada Inc., 2023 ONSC 5476, a 49-year-old warehouse worker with over 13 years of service did not fail to mitigate their losses when they refused an offer of re-employment by an acquiring company. The Plaintiff was awarded 12 months’ notice.

More 

2023 -11.  Two recent cases highlight Ontario Court of Appeal affirms lengthy notice periods in “exceptional circumstances”. 24 months no longer the ceiling. 

The Ontario Court of Appeal recently affirmed reasonable notice periods in excess of 24 months for two long-service employees. 

Such lengthy notice periods are supposed to arise only in “exceptional circumstances.” Lynch v. Avaya Canada Corporation, 2023 ONCA 696 and Milwid v. IBM Canada Ltd., 2023 ONCA 702 highlight factors that might push a notice period beyond 24 months. Employers should consider the potential for such lengthy notice awards in assessing termination risks associated with long-service employees.

More 

2023-11. BC Court of Appeal confirmed that recording supervisors & colleagues can constitute just cause for termination

Oct 06, 2023. In its recent decision, Egan v. Harbour Air Seaplanes LLP, 2023 BCSC 1916., the British Columbia Supreme Court confirmed that surreptitious recordings by an employee may constitute just cause for termination.

More 

2023-11.  BC Supreme Court dismisses wrongful dismissal case citing minimum termination pay clause is enforceable

Nov 01, 2023. In its recent decision, Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Supreme Court granted an employer’s application to dismiss a worker’s wrongful dismissal action on the grounds that the termination clause in the worker’s employment contract was enforceable and limited the worker to statutory minimum termination and severance pay.

More 

2023 -10.  Arbitrator dismisses grievances against Coca-Cola from worker who refused to disclose vaccination status 

An Ontario arbitrator has dismissed a number of grievances filed against Coca-Cola over its mandatory COVID-19 vaccination policy.

In United Food and Commercial Workers, Local 175 v. Coca-Cola Canada Bottling Limited, 2023 CanLII 109733, the arbitrator found that Coca-Cola’s approach to the pandemic with its vaccination policy was reasonable and fair. 

More 

2023-10.  $1.5 million: Ontario Superior Court ordered employer to pay $800,000 in costs after $700,000 damage award

Oct 05, 2023.  In its recent decision in Giacomodonato v. PearTree Securities Inc., 2023 ONSC 5628, Ontario’s Superior Court of Justice ordered the employer to pay to the employee the costs of the proceeding in the amount of $830,761 to dissuade employers from engaging in tactical litigation designed to discourage employees from pursuing their rights. This case involved a wrongful dismissal claim by the employee seeking between $3.194 million and $3.927 million from the employer, and a counterclaim by the employer seeking general damages of $1,599,000 and $1,000,000 in punitive damages.

More 

2023-10.  BC Court orders China Southern Airlines to pay a fired worker more than $200,000 for egregious conduct

Oct 11, 2023. In its recent decision, Zheng v China Southern Airlines Company Limited, 2023 BCSC 1763, the Supreme Court of British Columbia ordered China Southern Airlines (CSA) to pay a fired worker more than $200,000 — including $35,000 in aggravated damages for mental distress and $75,000 in punitive damages.

“CSA’s conduct was highly blameworthy. It was abusive, planned and deliberate,” the court said in a blistering rebuke, noting how profoundly harmful the conduct was to the worker’s reputation.

That’s on top of nearly $100,000 in general damages including 20 months’ notice and compensation for a $55 per month cell phone plan.

More 

2023-10.  Ontario Superior Court awards former Airways Transit VP  25-months’ severance, $30,000 in punitive damages for constructive dismissal

Oct 11, 2023.  In its recent decision in Chalmers v. Airways Transit Service Ltd. and Badder Capital Group Ltd., 2023 ONSC 5725, Ontario’s Superior Court of Justice has determined that a former vice-president at Airways Transit Service, who was laid off amid the COVID-19 pandemic and never reinstated, was constructively dismissed.

The 53-year-old executive, with 28 years’ service, was awarded 24-months’ notice. Additionally, the Ontario Superior Court of Justice applied a “COVID bump,” extending the notice by an extra month, thus bringing the total severance to 25 months.

It also tacked on $30,000 in punitive damages, blasting the employer for putting him in an “impossible situation” as he waited in the wings to be recalled with no pay, benefits and very little communication.

More 

2023-10.  Permanent resident unsuccessfully claimed discrimination based on ethnicity, place of origin

Oct 12, 2023. A bank’s decision not to interview a job applicant who immigrated to Canada from Iran and achieved permanent resident status was due to his lack of qualifications and not his race or ethnic origin, the Federal Court of Appeal has confirmed.

More 

2023-07.  Fired: B.C. teaching assistant with OnlyFans account

A B.C. woman who worked as a teaching assistant in the Coquitlam School District has been fired for having an OnlyFans account.

Kristin MacDonald previously started an OnlyFans account under a different name, Ava James.

She told Global News that as a single mother, the income from the account, which is subscriber-based, supplements her income as a teaching assistant, which she said is not enough to support her and her child.

MacDonald received a cease and desist order from the Coquitlam School District in May, saying her posts violated the collective agreement she signed.

She confirmed Tuesday that she received the final report and she has been terminated from her position

More 

2023-07.  BC Employer ordered to pay Overtime to Project Manager with a salary of $100k

A delegate of the Director of BC Employment Standards found that, although the worker performed some managerial duties, his principal duties were as a labourer and he didn’t have sufficient autonomy, discretion, or independent purchasing authority to be considered a manager. In addition, the worker didn’t’ have meaningful control associated with Evergreen Demolition’s human resources, the delegate said.

As a result, the delegate determined that the worker was entitled to overtime pay and wages. As Evergreen had no records of the hours worked by the worker, they calculated the worker’s entitled from the worker’s records, which they said were “the best and only evidence available.”

2023-07.  Toronto principal commits suicide after being bullied over false charge of racism

Richard Bilkszto’s career as an educator spanned 24 years, in which time he was an advocate for anti-discrimination and public education. Last Thursday, he took his own life. He was 60 years old.

His stellar career took on a sour note after he was bullied in a diversity, equity and inclusion training session for Toronto District School Board (TDSB) administrators in 2021, according to a lawsuit Bilkszto filed in court. His sin, in the eyes of facilitators at the KOJO Institute, was his questioning of their claim that Canada was a more racist place than the United States. Canada wasn’t perfect, he said, but it still offers a lot of good. For the rest of the training session, and throughout a follow-up training session the week after, facilitators repeatedly referred to Bilkszto’s comments as examples of white supremacy. The experience was humiliating — particularly because Bilkszto placed a great emphasis on equality and anti-discrimination during his career.

More 

2023-07.  B.C. Court overturns employer’s damages for hours not worked, upholds unpaid wages award

A BC court overturned a decision that a worker should pay back wages she was paid for work not performed based on data compiled after the fact.

The company (Pro-Align) determined that the worker had been paid for about 800 hours of work that she had not performed. Pro-Align filed a small-claims action seeking damages for the unwarranted payment.

The trial judge found that the burden was on Pro-Align to prove that the worker was paid for more hours than she actually worked.

The trial judge found that the Quickbooks spreadsheet presented was the main source of evidence, although the judge recognized that the spreadsheet had been compiled about 18 months later. The judge determined that the worker didn’t work any hours on the days with no hours recorded and no emails – 29 days for a total of 232 hours – and was overpaid for six hours on each day when less than the statutory minimum of two hours were recorded on the spreadsheet, which amounted to 31 days or 198 hours. Based on the spreadsheet, the worker was paid for 430 hours for which she didn’t work – about half of the 800 hours claimed by Pro-Align, said the trial judge. This amounted to $8,600.

More 

2023-06.  Ontario Court of Appeal rules contractor must be paid balance of 6-year contract after being terminated after 7 months

The Ontario Court of Appeal has dismissed a company’s attempt to avoid paying an independent contractor for the balance of a six-year contract after it fired him seven months into it.

The worker was an independent contractor who worked as a truck operator. On March 7, 2017, he entered a contract with Metro Freightliner Hamilton and Metro Truck Niagara in which he would provide his services for a 72-month term.

On Nov. 22, Metro terminated the worker’s services without cause. He sued Metro for compensation for the balance of the contract, which was 65 months.

The trial judge found that the contract did not have a termination provision and it clearly and unambiguously set a 72-month fixed term. As a result, Metro was ordered to pay the worker for the balance of the fixed-term contract, totalling more than $500,000.

More

2023-06.  Ontario Court of Appeal: Employee Entitled to Restricted Stock Units After Termination

In the recent case of Maynard v. Johnson Controls Canada, the question before the Ontario Superior Court of Justice was whether Restricted Stock Units formed part of an employee’s termination pay despite the employment contract indicating otherwise.

More

2023-06.  Ontario Court Of Appeal rules. Ontario worker with 36 years of service laid off after 5 weeks with successor employer

Employers considering a sale and purchase of a business should inquire about their common law obligations to long-term employees. Despite the provision of an employee’s termination entitlements and execution of a release, an employee’s past service may still be regarded as a factor in the calculation of common law reasonable notice. A potential purchaser of a business must thus carefully consider whether to and on what terms to offer employment to any employees of the seller. Such terms should be made express in written employment contracts and work to limit or exclude consideration of employees’ past service, except as may be required under the ESA. Failure to implement a sufficiently scrupulous employment agreement may result in employers finding themselves liable to pay significant employee entitlements at common law.

---

The 69-year-old worker was a blaze welder for ASCO Manufacturing, a company that made tables and desks in Toronto, since 1981 and was laid off 5 weeks after the sale of the company. The Ontario court of appeal clarifies common law of reasonable notice in the purchase and sale of a business

More

2023-06.  A BC Court has upheld the dismissal of a worker who was suspended for doing external work during business hours

To what extent is an employee entitled to work on a side business during work hours? That is the issue at the core of this wrongful dismissal claim.

A British Columbia Court has upheld the dismissal of a worker by Destiny Software Productions who was suspended for doing external work during business hours and then refused to co-operate with the employer’s investigation.

More

2023-06.  BC worker loses wrongful dismissal case, AND must pay employer $15,000 for dishonest conduct

Batten Industries sells and distributes consumer products, including its own signature line of laundry and cleaning products, out of North Vancouver, BC. Batten’s owner was a friend of the worker’s husband and he hired her to work as a receptionist in April 2008.

Over time, the worker’s role expanded to managing Batten’s signature brand of cleaning products, liaising with customers and suppliers, and attending trade shows.

Within a few years, the worker became a senior employee who could exercise discretion and autonomy regarding several aspects of Batten’s business. She was trusted to make decisions on behalf of Batten and to direct other employees, occasionally seeking approval from the owner when necessary and serving as his “right-hand person.”

Batten was a small business with five employees when the worker joined, growing to 10 within a few years. The work environment was informal without written employment contracts or policies.

By 2013, the worker and her husband started experiencing financial difficulties. Batten’s owner lent money to the worker multiple times.

The owner asked the worker to find a new web developer for the company in 2013, so the worker recommended one called WebStager. Unbenownst to Batten, her husband performed contract work for WebStager. When Batten signed a contract for WebStager’s services, the worker’s husband received a commission amount.

Another member of Batten’s sales staff began to have concerns about how the worker was dealing with her business expenses, so she started scrutinizing them after the worker submitted a receipt of a dinner with a client that she knew the client had paid for.

Batten started investigating the worker’s business expenses in December 2016 with the assistance of a charted professional accountant. The owner and the accountant met with the worker on Dec. 15 and advised her that they had concerns about her performance and certain expenses she had charged to the company. The worker was told not to return to work until the investigation was completed.

Batten’s controller and the other sales staff member reviewed the worker’s files and financial records, finding several instances of reimbursements of personal expenses.

On Jan. 11, 2017, Batten terminated the worker for just cause. The termination letter outlined eight types of misconduct, including:

• Knowingly submitting receipts for dinners, room service meals, and other expenses that were personal
• Charging Batten for her family’s cellphone data plan and personal phone upgrade
• Charging personal items to the company credit card and accounts
• Charging flights and hotel rooms for herself and her daughter to the company credit card
• Trading Batten products for products from other companies for personal use
• Removing products from the warehouse for her personal use, including a $200 humidifier
• Regularly working less than a 40-hour week, which affected her performance
• Retained an IT consultant (WebStager) who supplied a kickback for her personal benefit and to the detriment of the company – the owner became aware of the worker’s conflict of interest at the time of termination.

The worker sued for wrongful dismissal and alleged that Batten breached its duty of good faith through malicious and unfair conduct.

The court noted that Batten did not have a written policy governing business expenses and receipts were submitted for reimbursement on an honour system. However, the evidence pointed to the worker inappropriately submitting the client-paid dinner receipt for reimbursement and the worker’s reasoning lacked credibility, as there was no reason to pick up the receipt when she didn’t pay, said the court.

---

The court found that the evidence on the other expenses the worker submitted for reimbursement was mixed, but some things, such as a hotel room for her daughter on a trip and her family’s cellphone plan, were clearly included in the receipts. The worker had a “cavalier attitude” about not separating receipts for business and personal items and “she left it to accounting, and was quite happy to receive reimbursement to which she was not entitled if it was not discovered by them,” the court said.

Outside of the WebStager issue, many of the instances of misconduct may not on their own have constituted grounds for dismissal, but their cumulative effect was serious.

“The misconduct in which [the worker] engaged leaves no doubt she engaged in a long-standing pattern of dishonest and deceptive behaviour that meant the employment relationship could no longer be viable,“ he says. “I think the key was that the misconduct was dishonest and deceptive, and repeated over a protracted period of time - that really turns the dial [to just cause],” he says.

As for the WebStager contract, the court found that the worker did not tell the owner about her connection to WebStager and her recommendation was a conflict of interest. The court also agreed that there was a presumption where an employee takes a “bribe or a secret commission,” the true price is likely less than what was paid. This meant that Batten was put at a disadvantage from not paying a competitive price, said the court.

The court also found that the worker had substantial autonomy in carrying out Batten’s sales operations, which gave her a fiduciary obligation to act in the company’s best interests while not putting her own interests before Batten’s, said the court.

---

The court determined that the worker’s misconduct in setting up WebStager on its own would be just cause to terminate her employment, as her dishonesty “went to the heart of the employment relationship.” The other instances of misconduct showed a “long-standing pattern of dishonesty and deceptive behaviour that meant the employment relationship could no longer viably exist,” said the court in dismissing the wrongful dismissal claim.

[The worker] essentially put her personal interests and personal financial interests ahead of the interests of her employer, which is wrong in any scenario but it's particularly wrong in light of the fact she occupied a position with fiduciary responsibility,. And that absolutely drives home just cause for termination of employment.

The court also accepted a counterclaim from Batten for the losses the company experienced from the worker’s dishonesty. The worker was ordered to pay Batten more than $15,000 in WebStager commissions she and her husband received, plus more than $1,000 more for falsely-claimed expenses such as restaurant and hotel fees.

While Batten was able to recover much of its losses in its counterclaim damages, it’s a caution for small employers in particular who may have an informal workplace and rely too much on one person.

Protective measures to have as an employer include proper enforceable written employment contracts in place with enforceable termination language,” he says. “And, of course, avoid relying so heavily on one individual with no checks and balances in the system – such as independence controls, audit procedures, double-signing protection.

There was a lot of trust placed squarely on the worker without any backup measures to protect the employer and, when you see the WebStager issue where she was able to provide for a kickback to Batten’s detriment and to her benefit, that's a clear example of a situation where there could have been some checks and balances in the system to guard against that kind of thing.

More 

2023-04.  Employee laid off during pandemic, BC court ruled failure to mitigate damages by refusing offer to return

A plant supervisor at a pellet company in British Columbia who was laid off during the pandemic, and took the position she had been terminated, failed to mitigate her damages by accepting an offer to return to work.

It was a result of “miscommunication and misunderstanding” brought on by her distrust of the plant manager and anger over a colleague being recalled to work ahead of her, the B.C. Supreme Court said.

It ruled an appropriate notice period would have been 15 to 16 months for the worker, who was 64 at the time of termination with 20 years’ tenure.

More 

2023-04.  B.C. Rules around “family status” discrimination just got a whole lot less friendly for employers

The B.C. Court of Appeal ruled Friday that cases of employer discrimination against a worker's ``family status'' can happen ``whenever'' the terms of employment interfere with an employee's parental duties.

A judicial review last year of a human rights tribunal ruling on the case between Gibraltar Mines Ltd. and welder Lisa Harvey ruled that a discrimination complaint is only valid if an employer actively made changes to the terms of employment that interfered with a worker's parental duties.

Harvey, who works for Gibraltar alongside her husband, took legal action against her employer when the company did not accommodate her request for changing shifts to take care of her child after her maternity leave ended.

The case has now been remitted to B.C. Supreme Court to be considered under the criteria set out in the new ruling.

More

2023-03.  $420,000 Ontario award. Fundamental changes in job duties rendered employment contract (and termination clause) unenforceable. 

A company could not apply the provisions of an employment agreement to a termination 12 years later because of the significant increase in the employee’s responsibilities, the Ontario Court of Appeal has found.

In Celestini v. Shoplogix Inc., 2023 ONCA 131, an employee successfully challenged the terms of his dismissal and the company appealed.

Justices Benjamin Zarnett, Janet Simmons, and David Paciocco dismissed the appeal and court their determination under the changed substratum doctrine. This doctrine holds that you may outgrow a termination clause if you are at a company long enough and your duties have changed significantly, says David Conn, lawyer for the employee, Stefano Celestini.

More

2023-03.  B.C. tribunal orders $9,755 payout to taxi driver over caste based discrimination

The British Columbia Human Rights Tribunal has ordered that a taxi driver be paid more than $9,000 in compensation because his caste was insulted during a physical altercation at a staff Christmas party.

The tribunal’s March 15 decision said Manoj Bhangu, an immigrant from Punjab in India, was discriminated against by two co-workers on the basis of his ancestry, place of origin and race.

Tribunal adjudicator Sonya Pighin said brothers Inderjit and Avninder Dhillon used a caste-based slur against Bhangu during the brawl at the B.C. firm’s 2018 party and ordered that they pay him $9,755.81 in compensation.

More

2023-02.  Alberta employer unsuccessfully claims without-cause dismissal. Ordered to pay 14 months. 

Take away:  If you've engaged in an investigation process, let it play out as much as possible before you make a decision regarding the employee’s future employment.

In 2018, Ayalew was fired "without cause" amidst allegations of abuse and sexual harassment involving a former employee.

Alberta Court of King’s Bench decision rejecting The Council for the Advancement of African Canadians in Alberta’s claim that it made a mistake in firing a worker without cause. 
More

More

2023-01.  B.C. court upholds termination clause despite claim of ‘vagueness’

Take away:  Employers must implement, at first instance, a clear and unambiguous termination clause that is compliant with applicable employment standards legislation, and to review the language regularly to ensure compliance with statutory requirements and best practice.

In McMahon v Maximizer Services Inc., 2023 BCSC 4 (CanLII),  a B.C. court has upheld an employment agreement despite a dismissed worker’s complaint that the termination clause was ambiguous and could have different interpretations.

The court’s interpretation of how a single word applied to termination entitlement was enough to determine it was valid.

More

2023-01.  Alberta Court of Appeal Also Confirms CERB Benefits Cannot be Deducted From Wrongful Dismissal Damages

Take away:  It is now abundantly clear in Alberta and British Columbia that CERB payments are not properly deductible from damages for wrongful dismissal. Employers will no longer be able to benefit from CERB payments received by employees during a reasonable notice period, which may increase an employer’s liability for damages for wrongful dismissal occurring during (or prior to) the COVID-19 pandemic.

In Oostlander v Cervus Equipment Corporation, 2023 ABCA 13 (CanLII),  the trial judge ordered Cervus to pay the worker 25 months’ pay in lieu of reasonable notice, plus vacation pay based on the worker’s 2019 salary. and subject to the deduction of his earnings from alternate employment. However, she also deducted the amount of CERB payments the worker received.

More

2023-01.  CIBC to pay out $153 million for unpaid overtime

After a legal action that has lasted more than 15 years, CIBC has agreed to pay a total of $153 million to roughly 30,000 current and former employees.

The money will compensate staff for unpaid overtime, along with legal fees and the cost of distributing the settlement funds.

The agreement must be approved by the Ontario Superior Court before it becomes binding.

More

2023-01.  Airline owes $200,000 in damages after demoting, ‘humiliating’ B.C. employee

China Southern Airlines is facing a hefty penalty: $58,000 for wrongful dismissal, $50,000 for aggravated damages and $100,000 for punitive damages.
More

2023-01.  35-year B.C. worker awarded damages of 17 months’ pay for failure to mitigate tense working environment from soured relationship.

The worker, with 35 years under her belt, was terminated without cause after a relationship with a colleague soured and created a tense working environment. It reached a point where the owner felt he had no choice but to let her go,

A court awarded her 17 months’ notice, after deductions for failure to mitigate, and shot down her claims for aggravated and punitive damages.
More