Client Win: Tennis court worker overcomes misconduct allegations stemming from locker dispute

When Ms. Panaligan’s 12-year career as a Maintenance Attendant at Mayfair Tennis Courts came to an abrupt end, she was left with no severance, no notice, and allegations about her workplace behavior.

But thanks to the efforts of Samfiru Tumarkin LLP and employment lawyer Stan Fainzilberg, and a decisive ruling from the Ontario Superior Court of Justice, she achieved a better ending: a financial award of over $10,000 that recognized her years of service and dismissed the employer’s claims of misconduct.

The Case: Panaligan v. Mayfair Tennis Courts

• A Dedicated Career: After more than a decade of dedicated service as a Maintenance Attendant at Mayfair’s North York location, Panaligan played an important role in the club’s day-to-day operations. Her responsibilities included cleaning and maintaining facilities, ensuring locker rooms were properly stocked, sanitizing high-traffic areas, and responding promptly to member requests. She was known for juggling multiple priorities with care and diligence.
• Allegations of Misconduct: Despite her strong work ethic and long-standing positive performance reviews, Mayfair terminated her employment for cause in February 2015, citing “willful misconduct.” The allegations included minor disputes about towel distribution, a verbal exchange over new locker policies, and an instance of punching a wall divider in frustration. These accusations sharply contrasted with the praise she had received for her reliability and dedication.
• A Challenge in Court: The “for cause” dismissal left Panaligan, then 64 years old, without a severance package. Determined to challenge the employer’s claims, she brought her wrongful dismissal case to court through Samfiru Tumarkin LLP. Her fight raised critical questions about what constitutes “willful misconduct” and whether Mayfair’s actions were fair according to Ontario’s Employment Standards Act (ESA) and laws.

The Court’s Decision

In Ontario law, proving “willful misconduct” in a termination for cause is no small task. It requires evidence of behaviour so egregious that it undermines the employment relationship entirely. Mayfair claimed Panaligan’s conduct met this high standard. Toronto Employment Lawyer Stan Fainzilberg disagreed and presented a compelling case:

• Unsubstantiated Allegations: Many of the complaints against Panaligan were either minor or lacked proper investigation.
• Lack of Training and Support: The company’s response to issues was often disciplinary rather than constructive, with little effort to address underlying concerns.
• Context Matters: After 12 years of mostly positive performance, the isolated incidents did not justify termination without severance.

Justice Prattas sided with Samfiru Tumarkin LLP and Panaligan. The court found that while there were issues in her employment, they did not rise to the level of “willful misconduct.” Nor did they justify a dismissal without proper compensation.

The Outcome

The court awarded Panaligan a total of $10,642.19, including:

• $10,474.6 for 20 weeks of Ontario severance pay
• $167.59 for vacation pay on her termination

Mayfair was also ordered to pay $2,500 in legal costs, highlighting the importance of resolving disputes fairly and promptly.

Lessons for Employees and Employers

This case serves as a stark reminder of the responsibilities employers have—and the rights employees should always protect.

For Employees

• Stay Calm Under Pressure: Work-related frustrations are normal, but keeping your composure can prevent misunderstandings or exaggerated allegations.
• Don’t Accept Dismissal “For Cause”: If you’re accused of misconduct, don’t assume the employer’s word is final. You could still be entitled to severance pay under the law.
• Confirm Issues in Writing: If your employer raises performance issues, respond in writing—politely and professionally—to confirm your understanding of the issue and, if necessary, express your disagreement. This creates a record that could help in future disputes.
• Seek Legal Support: Facing unfair treatment? Speaking to an employment lawyer at Samfiru Tumarkin LLP can make all the difference in ensuring your rights are upheld.

For Employers

• Be Thorough and Fair: If you’re firing an employee for cause due to alleged misconduct, make sure the claims are fully substantiated and properly investigated. Acting hastily can backfire.
• Support Your Employees: Providing training and constructive feedback can often resolve workplace issues before they escalate.
• Think Long-Term: Rushed dismissals can result in costly legal battles and reputational damage. Fairness upfront can save time and resources in the long run.

We’re here to help

Your employment rights matter. When facing a dismissal, it’s natural to worry about whether you’ll need to go to court to resolve the issue.

At Samfiru Tumarkin LLP, we focus on securing strong severance packages and fair resolutions early, avoiding the stress and expense of court in nearly all cases. Our unique process allows us to resolve disputes efficiently and effectively. Since 2007, we’ve helped thousands of non-unionized employees across Ontario, Alberta, and B.C. protect their rights and navigate layoffs, workplace disputes, and dismissals. When necessary, we are fully prepared to escalate matters and fight for your compensation in court.

Contact us today to discuss your case and learn how we can advocate for your employment rights with clarity and expertise.