Hampton Securities Limited v. Dean
Constructive Dismissal: 6 Months Notice & Defamation Damages
Summary
This appeal concerns a trial judge's findings of constructive dismissal and defamation against an employer. The court addressed whether the employer's demand for additional funds and threat of suspension constituted constructive dismissal, and whether a termination clause was unenforceable under the Employment Standards Act, 2002. The appeal court upheld the finding of constructive dismissal and the award of six months' notice, while modifying the costs award.
Outcome
Appeal dismissed in part; constructive dismissal and notice award upheld; costs modified
Award
Six months' notice in lieu of salary; $25,000 in defamation damages; $25,000 in punitive damages; partial indemnity costs on appeal
Key Factors
- constructive dismissal
- termination clause enforceability
- defamation
- qualified privilege
- punitive damages
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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.