20 Month Wrongful Dismissal Award for Employee Upheld The Ontario Court of Appeal has released several wrongful dismissal decisions over the past few months. It has also released some employment law cases that are not specifically wrongful dismissal. This...
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20 Month Wrongful Dismissal Award for Employee Upheld The Ontario Court of Appeal has released several wrongful dismissal decisions over the past few months. It has also released some employment law cases that are not specifically wrongful dismissal. This is a first of a group of blogs to review those cases and provide some commentary. There is no clear pattern to the decisions. In some cases, the Ontario Court of Appeal has been very sympathetic to employees and to employee rights. In other cases, the Court has shown a willingness to side squarely with employers, particularly when dealing with certain contractual clauses. Ultimately, these cases seem to be dependent on the particular facts – as well as the particular panel of judges hearing the appeal. Brake v. PJ-M2R Restaurant Inc. (2017) ONCA 402, is one of those wrongful dismissal cases in which the Court has sided with the dismissed employee completely. Esther Brake was a McDonald’s restaurant manager for more than 25 years. She
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