Client Win: Ottawa Dental Hygienist Awarded $130K After 33 Years

Samfiru Tumarkin LLP secured 24 months’ pay and benefits for an Ottawa dental hygienist who lost her job after more than 33 years with the same practice. The court awarded $110,294 and added $19,938 in legal costs.

Sandra Visaggio wanted to keep working when the dental practice changed hands. But the proposed contracts put her income and long-standing job protections at risk. When her former employer tried to use those offers to defeat her severance claim, our team fought back.

She was represented by employment lawyer Alex Lucifero of our Ottawa employment law team.

The Employer Tried To Blame Her For Not Taking The Offers

The first proposed contract would have limited her future termination payments to employment standards minimums. It also removed guaranteed hours, reduced paid sick days and introduced a right to temporarily lay her off.

The buyer’s later offer of 18 months’ work raised similar concerns about income security. Visaggio repeatedly said she wanted to work. She asked for confirmation that she would not be temporarily laid off during that period. Instead, the employer’s lawyer told her that asking for changes meant she had rejected the offer.

In court, the employer argued that she should receive no further compensation because she had not accepted continued employment or done enough to find another job.

How Our Team Won

Our team showed why the offers did not protect Visaggio’s existing income and working conditions. The judge agreed that her concerns were reasonable and that she had genuinely tried to arrange continued work. The employer could not use these offers to avoid paying what it owed.

Her job-search evidence also mattered: she had applied for more than 50 positions in nine months. Several job ads the employer relied on involved unsuitable locations, language requirements, hours or pay.

Considering her long service, age, specialized work and the circumstances of her dismissal, the judge awarded 24 months’ pay and benefits.

Read the decisions: Visaggio v. Joynt-Dent Inc., 2018 ONSC 1911 and the separate costs ruling, 2018 ONSC 6151.

Alex Lucifero Discusses The Win On CTV News

Watch Alex Lucifero discuss the case and what it means for employees.

What This Means For You

• A business sale deserves a careful review. If your employer sells the business, check what happens to your job, years of service and severance before making a decision.
• Look beyond the hourly wage. A new employment contract can affect guaranteed hours, benefits and future termination payments. Get advice before signing or refusing an offer.
• Keep a record of your job search. Applications, replies and interviews can help answer an employer’s claim that you did not try to find work.
• Long service can mean substantial severance. Employment standards minimums may be only part of your Ontario severance package.

A Lesson For Employers

Offering continued work does not automatically eliminate a severance claim. The actual terms matter. Here, uncertain hours and the risk of layoffs undermined the employer’s argument that Visaggio should have accepted the offers.

Related client win: Our team’s win involving working notice during medical leave.

Has Your Employer Sold The Business Or Asked You To Sign New Terms?

After years with the same employer, a new contract can have major consequences. Our Ontario employment lawyers can review the offer, explain how it affects your job and help you understand what you may be owed if your employment ends.

Contact Samfiru Tumarkin LLP before signing new terms or accepting a severance package.