Travis Dhanraj’s Resignation: Employment Lawyer Lior Samfiru on 640 Toronto

Interview Summary

After submitting a very public resignation to the CBC, journalist Travis Dhanraj’s resignation was not accepted by his employer. A spokesperson for the media company stated Dhanraj remains on payroll despite his assertions that the workplace had become abusive. Can an employee be forced to stay on by their employer? What rights, if any, would an employee have to compensation under these circumstances?

Lior Samfiru, an Ontario employment lawyer and co-founding Partner at Samfiru Tumarkin LLP, joined 640 Toronto with John Oakley to discuss employee rights and more.

Interview Notes

• Reason for resignation: Samfiru noted that a resignation must be voluntary. “In this case, the journalist claims he’s not resigning voluntarily, but CBC has forced him to do this. He claims that CBC has taken away his position.” Samfiru went on to explain that CBC rejected this assumption and narrative.
• Defining a resignation: “If and when Dhanraj decides to pursue legal avenues, he will be taking the position that he was pushed out. This was essentially a termination of employment,” Samfiru stated.
• Pursuing a wrongful dismissal: Samfiru explained that, as Dhanraj is a unionized employee, he will not be able to pursue legal action on his behalf. “His union can pursue a grievance that states he was put in an unfair position. He can potentially file a human rights complaint.”
• Providing documentation to support claims: “He bears the burden of proving his allegations. You do this by written documents, recordings, etc.” Samfiru went on to discuss that Dhanraj has not claimed he was discriminated against because of his ethnicity or a medical condition, and instead has cited journalistic standards.
• Conduct of an employee: “Regardless of what CBC states, Dhanraj is no longer employed at their company,” said Samfiru. “Whenever a public body is involved, sometimes employees can use this as leverage for future compensation.”
• Expectations of a settlement:  Samfiru stated he believes this could lead to a settlement if Dhanraj decides to pursue any entitlements. “If there is a settlement, you can bet it will be a substantial number.”

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Constructive dismissal
• Workplace Investigations