Shedletsky v. EQ Advertising Group Ltd.

2022 ONCA 619 (CanLII)Court of Appeal for OntarioDecided Constructive dismissal

Constructive Dismissal: Furlough and Severance Appeal

Summary

This is an appeal from a motion judge's decision in a constructive dismissal case involving an employee of EQ Advertising Group Ltd. The central issue was whether a furlough due to COVID-19, accompanied by the cutoff of salary and communications, constituted constructive dismissal and triggered an accelerated severance provision in the employee's Severance Plan Agreement. The Court of Appeal dismissed the appeal, finding no extricable error in the motion judge's interpretation of the contract.

Outcome

appeal dismissed

Key Factors

  • constructive dismissal
  • furlough
  • contractual interpretation
  • severance plan agreement
  • standard of review

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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.