Ontario Court Win: Salesperson Awarded Over $182,000 After Being Fired Without Severance

Samfiru Tumarkin LLP secured $182,822.84 for an Ontario salesperson fired without severance after more than 10 years with her employer.

Jocelyn Paul had built customer relationships, earned strong performance reviews and continued growing business during the pandemic. But when she refused to disclose her vaccination status under a new company policy, Sensient Colors Canada Ltd. ended her employment without paying severance.

Employment lawyer Jon Pinkus and the team at Samfiru Tumarkin LLP challenged that decision. The Ontario Superior Court of Justice found that the company did not have grounds to withhold severance and awarded Jocelyn compensation based on 12 months.

The Employer Said Breaking Its Policy Meant No Severance

Sensient argued that vaccination was necessary for Jocelyn’s customer visits, travel and attendance at sales meetings and trade shows.

The company had repeatedly warned her that refusing to comply would lead to dismissal. It said her decision justified firing her for cause — ending her employment without notice or severance.

Before dismissing her, a human resources manager also told Jocelyn that the company intended to treat her refusal as a resignation. Jocelyn made clear that she was not resigning.

Sensient also argued that travel restrictions made it impossible for her to perform the essential duties of her job, so it should not have to provide notice on that basis either.

Her Actual Work Told A Different Story

The details of her work mattered. During the pandemic, Jocelyn spent more than 90% of her working time at home. She maintained her accounts, brought in new business and continued receiving positive feedback.

When Sensient asked sales staff to check their customers’ vaccination requirements, Jocelyn contacted her top 10 customers. Every one confirmed that it did not require vaccination for on-site visits. She passed that information to her manager before her dismissal.

She also followed customers’ other safety measures, including screening questions, temperature checks, masking and hand sanitizing.

The judge found that her vaccination status had not prevented her from serving her customers. Although international travel restrictions could affect conferences and training, much of that information could be obtained in other ways.

Given Jocelyn’s circumstances, firing her without severance went too far. The court identified less severe options the company could have considered, such as adjusting her customer assignments or temporarily changing her duties.

Our Team Secured 12 Months Of Compensation

After rejecting Sensient’s reasons for withholding severance, the court considered how much Jocelyn should receive.

The company argued for six to eight months of notice. Our team successfully argued for 12 months, reflecting her service, senior sales position and compensation.

The award went beyond her base salary. Her sales bonuses, benefits and employer contributions to her profit-sharing plan were also part of what she lost when the company dismissed her without proper notice.

Read the full court decision: Paul v. Sensient Colors, 2025 ONSC 3127.

Her Job Search Helped Protect Her Award

After losing her job, Jocelyn prepared a résumé, obtained references, contacted recruiters and reached out to professional connections.

She spent approximately 10 hours a week searching job postings. Her efforts included more than 40 applications and seven interviews.

The judge found that her search was thorough and reasonable. She eventually started a new job with Lush Cosmetics in January 2023, after the 12-month period covered by her award.

What This Means For You

• Breaking a workplace policy does not automatically mean losing your severance. The employer must justify that outcome in the circumstances. Jocelyn’s duties, customer relationships and work record all mattered.
• A reasonable policy and a justified dismissal are separate questions. The court accepted Sensient’s policy but found that firing Jocelyn without severance was not justified. This was a decision about her specific situation, not a ruling that vaccination policies were invalid.
• Severance can include more than salary. Bonuses, benefits and other compensation can make a significant difference to what you are owed.
• Keep records of your efforts to find work. Applications, interviews and recruiter conversations can help demonstrate that you made a reasonable effort to find another job.

A Lesson For Employers

A policy breach requires a careful review before deciding to dismiss someone without severance. Our employment lawyers can assess the employee’s circumstances, available alternatives and the risks of a proposed dismissal.

Another Ontario salesperson win: Read how our team protected 17 months of severance in a case against Brandt Tractor.

Fired Without Severance In Ontario?

Do not assume that your employer’s decision to call your dismissal “for cause” means you are owed nothing. Your severance could be as much as 24 months’ pay.

Our Ontario employment lawyers can review the reasons for your dismissal, explain your severance rights and help you take the next step. We assist employees in Toronto, Ottawa and across the province.

Many severance disputes can be resolved without going to court. When litigation becomes necessary, Jocelyn’s case shows how our team can challenge an employer’s reasons for withholding pay and pursue the compensation an employee is owed.