Lior Samfiru on HBC employee wrongful dismissal suit

Interview Summary

Hudson’s Bay Company employee Yvette Mitchell has filed a constructive dismissal claim against her former employer. After over two decades of employment at HBC, Yvette’s benefits and hours of work were removed and reduced. Yvette felt she was being forced to quit.

Lior Samfiru, an employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joined Roy Green on the Corus Radio Network to discuss an employee’s rights if the terms of their employment are fundamentally changed.

Interview Notes

Do employees understand their employment rights during COVID-19?

Many employees are unaware that despite the pandemic, their employment rights and employment laws have not changed. Employment laws are still applicable despite the fact that COVID-19 is a unique event.

What does the recent decision by a Superior Court regarding layoffs mean for employees?

Prior to the pandemic, employment law stated that an employee who was laid off could treat the layoff as a termination and pursue their severance. The Infectious Disease Emergency Leave seemed to allow employers to temporarily lay off employees. The recent decision by a Superior Court however indicates that despite COVID-19, employers cannot lay off employees without their consent. Employees who have been laid off can still treat the layoff as a termination.

What can employers experiencing financial difficulties do to maintain employee rights?

Employers can include terms in an employment agreement that would limit the potential severance entitlements of their employees. It is important for employers who are unsure what their next steps should be to contact an employment lawyer.

What is constructive dismissal?

Constructive dismissal occurs when an employer makes a significant change to the terms of employment of an employee. An employee can treat the changes as a termination and pursue their full severance entitlements. In the case of HBC and Yvette Mitchell, by changing Yvette’s schedule drastically, they effectively terminated her employment.

When and how should an employee suspect they might be terminated?

After a change has been implemented by an employer, employees should not wait long to refute the change as the longer time passes, it is implied it has been accepted. Employees who feel they will pursue a constructive dismissal should contact an employment lawyer and consider carefully how much severance they are owed.