Murray Klein

The applicant, an Employment Standards Officer, sought judicial review of an Ontario Labour Relations Board decision setting aside an order that the employer pay an employee for constructive dismissal.

The employee, after 16 years, was moved to a lower-paying, more physically demanding job due to downsizing.

After six days, he quit due to back problems caused by the new work.

The OLRB found he quit and was therefore not constructively dismissed.

The Divisional Court held this decision was unreasonable, as the employee was clearly constructively dismissed and did not waive his rights by attempting the new job for six days.

The OLRB decision was set aside.

The applicants sought judicial review of an adjudicator's decision finding them to be related employers under section 12 of the Employment Standards Act, making them liable for termination and severance pay to employees of One + One Fashions Inc. The Divisional Court applied a reasonableness standard of review.

The court found that the adjudicator reasonably applied the established criteria, concluding that the applicants had significant operational and financial control over the related business, and that the arrangement had the effect of defeating the true intent and purpose of the Act.

The application for judicial review was dismissed.

The applicants sought judicial review of an adjudicator's decision finding them liable as related employers for termination and severance pay owed to employees of a related business under the Employment Standards Act.

Applying a reasonableness standard of review, the Divisional Court upheld the adjudicator's decision.

The Court found that the adjudicator reasonably applied the established criteria for related employer liability, noting the applicants' significant financial and operational control over the related business.

The application for judicial review was dismissed.