Just Cause — Ontario Employment Law

W. v. Olympic Wholesale

Wrongful Dismissal: 19 Months' Notice Plus 14 for Bad Faith

This wrongful dismissal case addressed whether a supervisor's long-standing practice of 'topping up' hours constituted just cause for termination under the ESA. The court found just cause was not established and determined reasonable notice based on the Bardal factors for a 55-year-old employee with 17 years of service. The court fixed reasonable notice at 19 months and extended it by 14 months because bad faith in the manner of dismissal impaired the search for new work.

W. v. Brandt Tractor Inc.

Wrongful Dismissal: Mitigation Income Deducted

This is an appeal from a wrongful dismissal trial decision addressing whether just cause existed for the employee's termination and whether the employee failed to mitigate damages. The Court of Appeal found that the trial judge erred in refusing to deduct mitigation income earned from a lower-paying position during the notice period, but upheld the finding that just cause was not established.

B. v. Dr. C.

Wrongful Dismissal: Just Cause Found for Misconduct

This wrongful dismissal case involved an employee terminated for misuse of clinic software and patient information, raising issues of just cause and after-acquired cause. The court found that the misconduct struck at the heart of the employment relationship, violating trust and confidentiality, and dismissed the action. Human rights claims regarding age, disability, and accommodation were also raised but were not proven.

O. v Direct Coil Inc.

Dismissal for Cause: HR Employee Confidentiality Breach

This case addresses whether an employer had just cause to dismiss an HR employee for breach of confidentiality and dishonesty, applying the McKinley and Dowling standards regarding trust in sensitive positions. The court upheld the dismissal for cause, finding that the misuse of personnel records and repeated denials were incompatible with continued employment. Additionally, claims for aggravated damages based on the manner of dismissal and human rights discrimination were dismissed.

T. v. Best Buy Canada Ltd.

Wrongful Dismissal: 15-Year Employee Awarded 18 Months Notice

This wrongful dismissal case addressed whether an employer proved just cause for terminating a specialised technician with fifteen years of service. The court found the employer failed to meet the burden of proving intentional privacy breaches, establishing that the dismissal was without cause. Consequently, the court awarded eighteen months' reasonable notice, rejecting the employer's mitigation defence and denying claims for aggravated or punitive damages.

A. v. Fiera Foods Company

Wrongful Dismissal: 13-Year Employee Awarded 10 Months' Notice

This wrongful dismissal case involved an employee with 13 years of service who was terminated for alleged time theft and dishonesty. The court considered whether the employer had just cause to terminate the employee based on an investigation supported by video and punch clock data, rejecting the employee's claims of reprisal for whistleblowing and unionization. The court awarded ten months' notice but denied moral or punitive damages due to the lack of bad faith, and drew an adverse inference against the employee for failing to provide evidence of mitigation efforts.

P. v. Sensient Colors

Wrongful Dismissal: 12 Months Notice for Vaccination Refusal

This wrongful dismissal case involved an employee terminated for refusing to comply with the employer's mandatory COVID-19 vaccination policy. The court found that the employer failed to establish just cause for termination and applied the Bardal factors to determine a reasonable notice period. The employee was awarded 12 months' notice and damages totaling $182,822.84, with the court rejecting the employer's arguments regarding wilful misconduct, frustration of contract, and failure to mitigate damages.

W.W. v. Brandt Tractor Inc.

Wrongful Dismissal: 18-Year Employee Awarded 17 Months Notice

This wrongful dismissal case involved a long-term employee with 18 years of service who was terminated citing cumulative misconduct. The court found the employer failed to meet the evidentiary burden to prove just cause, as the final incident and hearsay evidence were insufficient. Consequently, the termination was deemed wrongful, and the plaintiff was awarded 17 months' notice based on the Bardal factors.

2551965 Ontario Ltd. v. W.

Wrongful Dismissal: Just Cause vs. 3 Months Notice

This wrongful dismissal case involved an employee who made verbal threats and breached the duty of loyalty, leading the employer to terminate employment for just cause. The court applied the framework from Dowling v. Ontario to assess the misconduct and found it constituted willful misconduct under the Employment Standards Act, 2000. While the dismissal was upheld for just cause, the court noted that if the dismissal had been without cause, three months' notice would have been reasonable. Additionally, restrictive covenants in the employment contract were found unenforceable due to overbreadth.

W. v. Birks Group Inc.

Wrongful Dismissal: 30-Year Sales Associate Awarded 24 Months Notice

This wrongful dismissal case addressed whether an employee's conduct constituted just cause for termination or wilful misconduct under the ESA. The court found that theft was not proven and the employment relationship was not irreconcilably damaged, establishing wrongful dismissal. Consequently, the court awarded 24 months' reasonable notice and confirmed entitlement to ESA termination pay and severance.

L. v. Patene Building Supplies Ltd

This is a wrongful dismissal case concerning whether the employer had just cause to terminate the employee. The decision addresses the standard of review applied to the termination and references the Workplace Safety and Insurance Act, 1997.

P. v. CIBC

A wrongful dismissal case involving allegations of just cause for termination under the Employment Standards Act.

City of Toronto v. Canadian Union of Public Employees

Judicial Review: Labour Arbitration Discrimination Award

This is a judicial review of a labour arbitration award concerning workplace discrimination and just cause termination. The Divisional Court applied the Vavilov reasonableness standard, finding the arbitrator did not err by not requiring proof of racial motivation for a discrimination finding and adequately addressing evidence regarding comparators.

Labourers’ International Union of North America, Local 183 v. Multy Home LP

The Divisional Court reviewed an application for judicial review of a grievance arbitration award that upheld an employee's dismissal for just cause based on theft. The court noted that credibility findings were amply supported by video surveillance and that the arbitrator did not misapprehend the burden of proof.

R. v Markhaven Inc.

Wrongful Dismissal: 21-Year Executive Awarded 22 Months Notice

This wrongful dismissal case involved an Executive Director with 21 years of service who was terminated following an investigation into an alleged conflict of interest. The court found the employer failed to prove just cause and applied the McKinley framework, awarding 22 months' notice based on the Bardal factors. Additionally, the court awarded $48,230 for additional entitlements and $50,000 in bad faith damages due to the employer's conduct during the investigation and litigation.

Render v. ThyssenKrupp Elevator (Canada) Limited

Dismissal for Cause: ESA Termination Pay & Costs

This appeal concerns an operations manager with 30 years of service who was dismissed for cause after slapping a female co-worker on the buttocks. The Court of Appeal upheld the trial judge's finding of just cause under the McKinley contextual analysis, but held that the conduct was not wilful misconduct under the ESA regulation, so the employee was entitled to eight weeks' termination pay; severance pay was not awarded because the record did not show the employer's $2.5 million payroll. The court dismissed the appeal on punitive damages and set aside the trial costs award against the employee because of the employer's litigation misconduct.

Hucsko v. A.O. Smith Enterprises Limited

Hucsko v. A.O. Smith: Just Cause for Sexual Harassment

This is an appeal concerning the termination of a senior employee with 20 years of service who was dismissed for cause due to inappropriate comments with sexual connotations made to a co-worker. The Court of Appeal for Ontario allowed the employer's appeal, overturning the trial judge's finding that the dismissal was without cause. The Court concluded the employee's conduct constituted sexual harassment and that termination was a proportional and justified response given his refusal to apologize.

Livshin v. The Clinic Network Canada Inc.

Fixed-Term Termination: ESA Compliance & Damages

This case addresses the enforceability of a termination clause in a fixed-term employment agreement under the Employment Standards Act, 2000. The court examined whether the clause violated ESA standards by failing to distinguish between common law and statutory just cause, applying principles from Fred Deeley and Waksdale. Additionally, the court determined damages for early termination, including whether layoff periods count toward the remaining term and entitlement to travel allowances and benefits.

G. v. Greater Barrie Chamber of Commerce

Wrongful Dismissal: Executive Director Just Cause

This wrongful dismissal case concerned an executive director terminated for alleged misconduct, including altering bank documents and taking unauthorized pay. The court analyzed whether the employer had just cause for termination without notice under the McKinley proportionality framework and whether the employee's actions constituted wilful misconduct under the Employment Standards Act. The court found no evidence of bad faith or mental distress, denying aggravated and punitive damages.

N. v. Canadian Tire Corporation et al.

A wrongful dismissal case involving allegations of just cause for dismissal and claims for damages, including mental distress. The court addressed the employer's justification for termination and claims for compensation.