The appellant employer appealed a trial judgment finding it had constructively dismissed the respondent by unilaterally reducing his commission from 18% to 9%.
The trial judge awarded a 15-month notice period, 3 months of Wallace damages for a toxic work environment, and 8 years of unpaid vacation and public holiday pay.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings on constructive dismissal, the Bardal factors for notice, the Wallace damages, and the respondent's entitlement to statutory holiday and vacation pay under the Employment Standards Act.
