Michalski v Cima Canada Inc.
Constructive Dismissal: Temporary Layoff Without Contractual Basis
Summary
A constructive dismissal case involving a temporary layoff without contractual authorization, which the court ruled constituted constructive dismissal. The case also addressed the appropriate notice period and damages, as well as the set-off of statutory severance payments against common law damages.
Outcome
Plaintiff awarded damages for constructive dismissal, with the notice period determined based on Bardal factors and statutory severance payments set off against common law damages.
Award
12 months' notice awarded, with statutory severance payments set off against common law damages.
Key Factors
- constructive dismissal
- temporary layoff
- notice period
- Bardal factors
- set-off
Related Cases
Kennedy v. Kingston Area Taxi Licensing Commission
2025 ONSC 4706 (CanLII) · 2025-08-14Constructive Dismissal: Plaintiff Awarded 24 Months' Notice and $25,000 in Damages
A constructive dismissal case where the plaintiff alleged a toxic work environment due to micromanagement, belittlement, and harassment by the defendant. The court found the defendant’s conduct breached the employment relationship, awarded 24 months' notice and $25,000 in aggravated damages for mental distress.
McFarlane v. King Ursa Inc.
2025 ONSC 3553 (CanLII) · 2025-06-18Constructive Dismissal: Maternity Leave, Demotion, and Salary Reduction
A constructive dismissal case involving an employee who was demoted and had her salary reduced upon returning from maternity leave. The court ruled that the demotion and significant pay cut independently amounted to constructive dismissal and awarded moral damages for the employer's insensitive conduct. The case also addressed the employee's duty to mitigate damages and the appropriate notice period for a senior executive position.
Richard Turcotte v. Grenville Management Inc.
2025 ONSC 3087 (CanLII) · 2025-05-28Constructive Dismissal: Unilateral Layoff and Pandemic Impact
A constructive dismissal case involving a unilateral layoff without contractual authority. The court awarded 16 months' notice, considering the pandemic's impact on the employee's job search. The employee's failure to mitigate damages and the employer's lack of misconduct regarding recall and ESA compliance were also addressed.
2252230 v. Rajkumar
2025 ONSC 2649 (CanLII) · 2025-05-13Constructive Dismissal: 18 Months' Notice for 15-Year Bookkeeper
A constructive dismissal case involving a bookkeeper employed for over 15 years, where the employer unilaterally reduced hours and compensation. The court awarded 18 months' reasonable notice and rejected the employer's financial hardship claim, applying Bardal factors. The case also addressed the employment status of the bookkeeper, ultimately determining their status as an employee.
Lachapelle v. St. Laurent Automotive Group Inc.
2025 ONSC 1956 (CanLII) · 2025-03-31Constructive Dismissal Case: Temporary Layoff During Pandemic
A constructive dismissal case involving a temporary layoff during the COVID-19 pandemic. The court determined that the temporary layoff without contractual provision constituted constructive dismissal and awarded seven months' notice. The case also addressed the plaintiff's obligation to mitigate damages and entitlement to a construction retention bonus.
This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.