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Wrongful dismissal action succeeds; refusal to work full-time in Toronto was not cause for termination.
The plaintiff brought an action for wrongful dismissal following his termination from the defendant company.
The dispute centered on whether the plaintiff was contractually required to work full-time in Toronto rather than splitting his time with his residence in San Francisco.
The court found that the written employment agreement was never finalized due to unauthorized changes and 'slip-sheeting' of signature pages.
However, an oral contract existed which did not require the plaintiff to work full-time in Toronto.
The court held that the plaintiff's refusal to work full-time in Toronto did not constitute cause for termination and awarded damages based on the termination provisions of the oral contract.
Arbitration award granting holiday pay to inactive employees quashed as unreasonable for ignoring statutory calculation formula.
The applicant employer sought judicial review of an arbitration award that granted statutory holiday pay to employees on inactive status receiving WSIB benefits.
The employer argued the arbitrator failed to address its central argument under s. 24(1) of the Employment Standards Act, 2000, which would result in zero holiday pay for these employees.
The Divisional Court found the arbitrator's decision unreasonable, as it lacked justification and intelligibility regarding how the entitlement to payment was determined without addressing the statutory formula.
The application was allowed and the issue remitted to a new arbitrator.
