$800K constructive dismissal claim against Ottawa school bus agency

Vicky Kyriaco, the ex-general manager of the Ottawa Student Transportation Authority (OSTA), is suing the school bus organization for more than $800,000.

She alleges that she was constructively dismissed after 12 years of employment in “bad faith” — negatively impacting her health, career, and reputation.

Warnings to OSTA ignored

Kyriaco claims that she began warning OSTA about various problems in April 2023.

However, she said her concerns about funding deficits, student safety, and operational issues were ignored and she began to be excluded from key meetings.

In addition to being pressured to downplay safety concerns in her reports, Kyriaco alleges that the organization removed key safety measures like GPS and cameras — despite previously approving them.

Health crisis and medical leave

In July 2023, Kyriaco took a medical leave of absence due to the “toll on her physical and mental health” allegedly caused by OSTA’s actions.

When she returned from her medical leave in late August, she found that several of her job duties had been redistributed and new contracts with bus and van operators had not been negotiated.

On the first day of school in September 2023, approximately 300 school buses were cancelled — leaving over 9,000 students in Ottawa’s two English school boards without bus transportation.

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Plunging public perception

Kyriaco alleges that OSTA allowed her to “become the public face of the shortages”, which lead to “targeted harassment” from a Facebook group whose members included angry parents.

She claims that the lack of support from the organization during this period further impacted her well-being and professional reputation.

On Sept. 27, Kyriaco took another medical leave of absence. When OSTA publicly announced her leave on Oct. 2, they included an apology for the busing issues in September.

Kyriaco said she felt this “left the public with the impression that [she] had been identified as the culprit for the shortages.”

Seeking compensation

As part of her claim, Kyriaco is seeking:

• $250,000 for OSTA’s “bad faith” termination
• $250,000 for damage done to her reputation
• Two years’ pay as severance (approximately $326,000)

The former general manager had an annual salary of $163,000 (plus benefits and pension).

What is a constructive dismissal?

In Ontario, a constructive dismissal occurs when a non-unionized employee resigns because their employer made significant changes to their job or work environment without consent — making it impossible to continue working.

This can include changes in pay, workload, or job responsibilities. An employer who alters the terms of an individual’s employment without their consent is essentially terminating the worker.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about constructive dismissals on an episode of the Employment Law Show.

If you find yourself in this situation, the law allows you to quit your job and pursue full severance pay.

However, it’s vital that you don’t resign before contacting an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

Quitting before exploring your legal options may impact your ability to claim constructive dismissal and get proper compensation.

SEE ALSO
• Termination without cause in Ontario: Your rights
• What Ontarians need to know about terminations for cause
• Employment Law Show: Facts about the termination process

How is severance pay calculated in Ontario?

Severance for non-unionized employees in Ontario can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province who are

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Length of service
• Position at the company
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We have resolved tens of thousands of wrongful dismissal claims, and can help you secure proper severance.

LEARN MORE
• Severance for federally regulated employees
• Rights to severance for provincially regulated workers
• Severance pay in a recession

Don’t sign on the dotted line!

Do not accept any severance offer, termination papers, or exit agreement that your employer may provide you with — even if they come with a deadline.

Those deadlines are pressure tactics that employers use to cause you to panic and accept inadequate compensation.

Once you sign and return these documents, you eliminate your ability to negotiate a fair and proper severance package.

An experienced severance pay lawyer in Ottawa can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason in Ontario, or believe that you have been constructively dismissed, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ottawa and Toronto have helped tens of thousands of non-unionized individuals across the province resolve their workplace issues.