Iriotakis when it deducted the employee’s CERB payments from his damages for wrongful dismissal.
Background
The employee was temporarily laid off from his position as assistant manager of an automotive dealership in March 2020 not long after BC declared COVID-19 a public health emergency. As a result of the economic impact of the pandemic, the employee’s job was permanently terminated in August 2020 after he had worked at the dealership for 22 years. During the notice period, the employee received Employment Insurance (EI) and $14,000 in CERB.
Decision
The court determined that the appropriate reasonable notice period was 22 months. It concluded that the EI benefits should not be deducted because s. 45 of the
And is being relaxed about COVID-19 workplace protocols cause for discharge without severance?
I will answer the first today. The second, next week.
It has been Russian roulette for employers. If they retained their employees during the pandemic, many businesses would have dissolved financially. If they laid them off, they risked constructive dismissal cases. But when they fired them, they received the invariable letter from employee bucket shop contingency shops telling them that the severance pay formerly required has skyrocketed because of the pandemicâs impact. Every employer has received such a letter. But is there anything to them?
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In a recent decision of the Ontario Superior Court of Justice, Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998 (Peninsula Employment), the court considered factors.
Background
In 2017, the parties entered into an employment agreement for
the role of Business Development Manager. Despite the
employee s title, he did not manage subordinates. In
March 2020, the employee was dismissed without cause, one week
after Ontario declared a state of emergency due to COVID-19.
At the time, the employee was 56 years old, and had been employed
for 28 months with a base salary of $60,000, plus commission.
In 2019, his last full year of employment, the employee s total
compensation was $145,186. Upon his dismissal, the employee
was paid four weeks base salary plus benefits.
Decision
The primary issue before the court was the length of the common
Background
In 2017, the parties entered into an employment agreement for
the role of Business Development Manager. Despite the
employee s title, he did not manage subordinates. In
March 2020, the employee was dismissed without cause, one week
after Ontario declared a state of emergency due to COVID-19.
At the time, the employee was 56 years old, and had been employed
for 28 months with a base salary of $60,000, plus commission.
In 2019, his last full year of employment, the employee s
total compensation was $145,186. Upon his dismissal, the
employee was paid four weeks base salary plus
benefits.
Decision
The primary issue before the court was the length of the common