While all legal decisions have something interesting to tell us about employment law, there are those cases that lawyers keep in their back pocket to serve as a cautionary tale for clients about the potential cost of HR blunders.
With Ontario expected to lift the state-of-emergency shortly and the resumption of non-essential business operations, employers may begin to consider recalling employees who have been temporarily laid-off or placed on a deemed job-protected leave.
In Hrynkiw v. Central City Brewers & Distillers Ltd. ( 2020 BCSC 1640) Horsman J. had a situation where a CFO was accused of intentionally paying himself excess vacation and shares without the consent of the owner. The Court found that this accusation was unfounded and found that there was no just cause. The Plaintiff was awarded 12 months notice after 6.3 years of service. He was 56 years old.