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ARTICLE · 03 SEPTEMBER 2024

Making A Promise Can Cost Employers Dearly

Filion Wakely Thorup Angeletti LLP
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The Ontario Superior Court of Justice (the "Court") recently found that an agricultural employee was entitled to nearly $440,000 in damages following his constructive dismissal by an employer...

CanadaEmployment and HR
Brendan Egan
Brendan Egan
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Bottom Line

The Ontario Superior Court of Justice (the "Court") recently found that an agricultural employee was entitled to nearly $440,000 in damages following his constructive dismissal by an employer. The employee had worked for that employer for his entire working life. Included in this quantum of damages was $250,000 as a retiring allowance that the employer promised to the employee prior to the dismissal, but which the employer did not end up paying. The Court's reasons in Scarrow v Walkey ("Scarrow") should serve as a cautionary reminder, not just for employers with very long service employees, but also of the pitfalls of making promises to employees.

The Plaintiff's Lifelong Employment and Dismissal

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