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The Death Of An Appeal: Court Of Appeal Dismisses Funeral Home s Appeal, Upholding $1 274 Million Damages Award For Constructive Dismissal - Employment and HR

Bottom Line In a recent decision, the Court of Appeal for Ontario upheld the lower court s decision awarding a former employee over $1.274 million as a result of the employer unilaterally imposing a number of changes to the terms of employment. The employment relationship was governed by a 10-year fixed term contract with no termination provision. This is one of the highest damage awards ever issued in a Canadian wrongful dismissal case. It serves as a stark reminder to employers that using fixed-term contracts can be extremely costly if they are not carefully and properly drafted. Background The respondent, Grant McGuinty, sold his family s funeral

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