McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home)
Constructive Dismissal: Fixed-Term Contract Damages Appeal
Summary
This appeal addressed whether an employer's conduct, including removing a vehicle and changing locks, constituted constructive dismissal of a general manager under a fixed-term contract. The Court of Appeal upheld the trial judge's finding that the employer repudiated the contract and that the employee did not condone the conduct despite being on medical leave. The court also affirmed the trial judge's reasonable estimates for calculating damages for salary, vehicle expenses, commissions, and benefits.
Outcome
appeal dismissed
Award
damages calculation for salary, vehicle expenses, commissions, and benefits upheld
Key Factors
- constructive dismissal
- fixed-term contract
- employer conduct
- condonation
- damages calculation
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