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.
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.
Demoting an employee and potentially lowering their pay is a decision that has implications for both the employee and the employer. These implications can range from hurt feelings, all the way to a wrongful dismissal claim.