Top employment law cases of the 2010s
Summary
v. Joe Singer Shoes Limited, 2018 HRTO 107: In a high-water mark, the Human Rights Tribunal of Ontario awarded $200,000 to an employee for injury to dignity, feelings and self-respect resulting from repeated sexual assault and harassment. Paquette v. TeraGo Networks Inc., 2016 ONCA 618 (CanLII): The Ontario Court of Appeal held that an explicit contractual requirement for “active employment” when incentive compensation (i.e. bonus, equity, etc. ) is paid, without more, is not sufficient to deprive an employee of a claim for incentive compensation that she would have received during the notice period, as part of her wrongful dismissal damages. Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10: Here the Supreme Court of Canada crafted the test for constructive dismissal. Russo v. Kerr, 2010 ONSC 6053 (CanLII): Here, an employee, when faced with a significant reduction in his compensation, sued for constructive dismissal but, unusually, continued to work for the company under the new terms to mitigate his losses.