A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?
In the recent decision of Covenoho v. Pendylum Ltd., the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks' pay ($56,000.00), overturning the ruling of the Motion Judge at summary judgment.
There are few areas of employment law more in flux (and vexing to lawyers) than that surrounding the enforcement of termination clauses. Part of the frustration is when the Courts provide seemingly contradictory messages on whether termination clauses will be upheld. In January 2017 alone, the Ontario Superior Court of Justice released two decisions that appear, on their face, to be somewhat at odds.
On February 6, 2017 the Ontario Bar Association Labour & Employment Law Section published an article by Vey Willetts' lawyer Andrew Vey. The article, entitled "Summary Judgment Motions for Wrongful Dismissal: An Update", looks at four recent Ontario court cases to assess the use of summary judgement as a tool in employment law litigation.
Vey Willetts LLP was recently successful on a motion for summary judgment, seeking increased severance for an employee who had been wrongfully dismissed. In its decision, Vinette v. Delta Printing Limited (2017 ONSC 182), the Superior Court significantly increased Mr. Vinette's severance entitlement from 8 weeks to 15 months.
Vey Willetts lawyer Paul Willetts was quoted in the November 28, 2016 edition of Canadian HR Reporter in an article entitled "Older Employees Deserve More". The article discusses the recent Ontario Superior Court decision of Ozorio v. Canadian Hearing Society. In this case, a 60-year old senior managerial employee, with 30 years service was dismissed. Ms. Ozorio was ultimately awarded 24 months of reasonable notice. To read our recent review of the case and its implications for older workers please click here.
In the recent decision of Morison v Ergo-Industrial Seating Systems Inc. the Ontario Superior Court of Justice made an award of $50,000.00 in punitive damages against the defendant employer. This decision is an important reminder to all Ontario employers of the type of conduct which may attract punitive damages.
Fixed term employment contracts can serve a useful purpose within an organization. They permit employers to limit the engagement of an employee to a set project or a fixed period of time. In circumstances where there is a significant fluctuation in annual work volume or where temporary staff are required to offset absences (such as due to illness or a parental leave) fixed term contracts may be ideal.
