Is the intentional destruction of company property cause for termination of employment without notice? Does it meet the higher burden of statutory “wilful misconduct”?
In Park v. Costco Wholesale Canada Ltd., 2023 ONSC 1013 (CanLII), a decision of the Ontario Superior Court of Justice sitting at Ottawa, the Honourable Madam Justice Robyn M. Ryan Bell held that summary dismissal was warranted.
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If I reject a severance offer, will the judge think I am being too greedy in asking for more? That question is a common concern among employees who find themselves suddenly unemployed. Conversely, employers are often hesitant to offer enhanced severance packages, lest the employee sue for wrongful dismissal and claim the offer as evidence of the employer’s willingness to at least pay such amount.
In a decision released July 19, 2017, Ramos v Hewlett-Packard (Canada) Co., 2017 ONSC 4413, the Honourable Madam Justice Robyn M. Ryan Bell may have done a great deal to mitigate such concerns for both sides.
