Aggravated Damages Awarded for Heightened Frustration and Anxiety After Employer Fails to Investigate Workplace Harassment Allegations

Does the failure to respond to a request for a workplace harassment investigation warrant an award of aggravated damages, where the employee is later terminated for complaining about such harassment?

In Bassanese v. German Canadian News Company Limited et al., 2019 ONSC 1343 (CanLII), the Honourable Justice Lorne Sossin of the Ontario Superior Court of Justice found that it does.

Tort of Harassment Not Available in Ontario Employment Context

Does the tort of “harassment” exist at Ontario law? And, if not, is it time for Ontario’s court to recognize the existence of such tort? The answer to both of those questions, as provided by the Court of Appeal for Ontario in Merrifield v. Canada (Attorney General), 2019 ONCA 205, is “no.”

Peppercorns Still Valid Consideration for Fundamental Changes

What sort of consideration is required for an employer to make fundamental changes to the terms of an employee’s employment agreement?

In the case of Lancia v. Park Dentistry, 2018 ONSC 751, the Honourable Justice Andrew J. Goodman of the Ontario Superior Court of Justice confirmed the longstanding legal principle that a “peppercorn” will do. The court also confirmed that consideration for a new agreement is not required where the employer provides reasonable notice of the termination of the existing agreement.

Employee Entitled to Vacation Pay on "Discretionary" Bonus

When is a “discretionary” bonus to be included in the statutory definition of “wages”? According to a 2016 decision of the Ontario Superior Court of Justice, Bain v UBS, 2016 ONSC 5362 (CanLII), affirmed by the Court of Appeal for Ontario in Bain v. UBS Securities Canada Inc., 2018 ONCA 190 (CanLII), when “there were definite factors on which it was based, including performance.”

The case highlights the tension between irregular payments and the obligation to pay vacation pay.

Employer Entitled to Return of Severance Payment After Discovering Misappropriation of Funds

If an employer dismisses an employee without cause, pays the employee a considerable amount for severance, and the parties sign a full and final mutual release absolving each other from any further claims, can the employer, upon discovering the fact that the employee had lied about his actions while employed, successfully sue the employee for the recovery of the severance funds?

Yes, says the Court of Appeal for Ontario in the case of York University v. Markicevic, 2018 ONCA 893 (CanLII).