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ARTICLE · 10 MARCH 2015

Big Things Come In Small (Claims Court) Packages

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Ms. Bray worked for the College for nine years as an instructor teaching classes and supervising clinics and outreach programs.

CanadaEmployment and HR
Christopher Andree
Christopher Andree
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A veritable smorgasbord of employment law issues was recently served up in the decision of the Ontario Superior Court of Justice (Small Claims Court) in Bray v. Canadian College of Massage and Hydrotherapy.

Ms. Bray worked for the College for nine years as an instructor teaching classes and supervising clinics and outreach programs. Upon Ms. Bray’s return from a pregnancy/parental leave the College reduced her hours and then failed to assign her any courses to teach during the following semester.

Ms. Bray sued for wrongful dismissal, damages for discrimination under the Ontario Human Rights Code, damages for reprisal under the Employment Standards Act, 2000, aggravated damages and punitive damages based upon a breach of the duty of good faith in the performance of the employment contract as recently affirmed in Bhasin v. Hrynew (SCC). She brought the case in Small Claims Court, where procedural simplicity and speed can work in a plaintiff’s favour.

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