Employer Comments Increase Damages

Slepenkova v. Ivanov

Ontario Court of Appeal confirming the Ontario Superior Court of Justice, 2009

Facts:

The defendant Ivanov, a licensed real estate agent, dismissed the plaintiff Slepenkova from her position as a real estate sales person when the plaintiff refused to amend her employment agreement. The proposed amendment would have eliminated the plaintiff's entitlement to bonuses. The plaintiff was employed through a series of one-year contracts that provided for termination by the defendant upon two-week's notice. In light of her refusal, the defendant terminated the employment agreement by letter but also sent a pager message to the other agents saying that the plaintiff was terminated for "non-production and refusal to accept the new contract terms." The plaintiff initiated an action seeking damages for wrongful dismissal.