Garcia v. Newmar Windows Manufacturing
Constructive Dismissal: 17-Year Employee Awarded 14 Months Notice
Summary
A constructive dismissal case where the plaintiff was demoted to menial tasks despite being appointed assistant to the plant manager, with the employer failing to provide a clear job description. The plaintiff was employed for 17 years in supervisory roles, and a notice period of 14 months was awarded, along with damages calculated based on salary, benefits, and mitigation of losses. Aggravated and punitive damages were also awarded for the employer's conduct.
Outcome
Notice period of 14 months awarded, aggravated and punitive damages awarded, and judgment issued against Newmar Windows Manufacturing.
Award
Notice period of 14 months awarded, damages calculated based on salary, benefits, and mitigation of losses, aggravated damages for humiliation, and punitive damages for employer's reprehensible conduct.
Key Factors
- constructive dismissal
- notice period
- aggravated damages
- punitive damages
- mitigation of losses
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.