Another case upholds CERB as a reduction of wrongful dismissal damages
Cases from Western Canada seem to support the proposition that CERB payments are deductible while the older cases from Eastern Canada tend to go the other way.
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BCSC says that CERB is deductible from wrongful dismissal damages
In Reotech Construction Ltd. v. Snider, BCSC 317, Justice Fleming, sitting on appeal from a decision of the Provincial Court, found that the trial judge erred when the Court failed to deduct the $9,000 CERB payment received by the Plaintiff from the damage award.
Court of appeal finds single incident of touching not wilful misconduct, but just cause for dismissal
In Render v ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal clarified the threshold to establish willful misconduct under the Ontario Employment Standards Act, 2000 and provided guidance on how sexual harassment should be assessed in the workplace. Importantly, the Court found that while a single incident of inappropriate touching did not amount to willful misconduct as it was not preplanned, the employee's dismissal for cause was a proportionate response.
