Client Win: 17 months’ severance for wrongfully dismissed Ontario salesperson

Williamson v. Brandt Tractor Inc.

Samfiru Tumarkin LLP secured 17 months of severance pay for our client, William Williamson, in the case of Williamson v. Brandt Tractor Inc., a matter that was heard at the Ontario Superior Court of Justice (ONSC).

National Practice Leader David Vaughan successfully argued that Williamson was wrongfully dismissed because his employer couldn’t establish just cause for termination.

WATCH: Samfiru Tumarkin LLP breaks down everything you need to know about the termination process on an episode of the Employment Law Show.

What you need to know

• Williamson worked for Brandt Tractor for 18 years. Prior to his termination, the 56-year-old held the position of “salesperson.”
• On September 1, 2021, Brandt Tractor fired Williamson for cause — citing his discipline record and an incident on August 30 involving a dissatisfied customer.
• Following his termination, Williamson took a job driving a “parts vehicle” at a lower pay grade to mitigate damages.

Court’s decision

The ONSC agreed with Samfiru Tumarkin LLP that Brandt Tractor wasn’t able to establish just cause for termination.

While the company didn’t offer any severance pay, they were ultimately ordered to provide Williamson with 17 months’ compensation.

SEE ALSO
• How to calculate severance pay
• Should I negotiate my own severance package in Ontario?
• Can I get my job back if I’m fired?

Dissatisfied customer’s complaint ‘entirely hearsay’

The customer complaint about Williamson on August 30, 2021 was a key part of Brandt Tractor’s argument that it had just cause to terminate him.

“The evidence regarding the customer’s version and the grounds for being upset was entirely hearsay. The customer did not testify. Brandt could have summoned him,” Justice R. Lee Akazaki noted in their ruling.

“A negative credibility assessment of Mr. Williamson’s evidence and version of events does not amount to proof that the encounter went precisely as the customer claimed it did.”

Ultimately, the court found that Brandt Tractor wasn’t able to establish misconduct at the time of termination — resulting in a wrongful dismissal.

Fulfilled duty to mitigate damages

Another important aspect of the case involved Williamson securing new work soon after his termination, albeit at a lower pay grade.

While Brandt Tractor argued that his severance award should be reduced based on his new job or the income he had earned, the court disagreed — noting that Williamson did make an effort to mitigate damages as he’s legally required to do.

LEARN MORE
• Duty to mitigate: What employees in Ontario need to know
• Fired? Key reasons you should document your job searches
• Working notice in Ontario: Comprehensive employee guide

Lessons for employees

• It’s extremely difficult for an employer to establish just cause for a termination: This type of dismissal is reserved for the worst workplace transgressions, such as serious insubordination, theft, or assault. If you’re fired without severance pay in Ontario, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can confirm if a for-cause termination was appropriate in your situation and help you secure the compensation you’re owed if it wasn’t.
• Look for comparable employment after you’re fired: Non-unionized employees in Ontario have a duty to mitigate damages — regardless of a wrongful dismissal. If you don’t make a reasonable effort to find similar work in your field, it could affect the amount of severance pay you’re owed.

Lesson for employers

• Consult an employment lawyer before firing staff: Employers in Ontario should always seek legal counsel before terminating a non-unionized worker with or without cause. Since each employment matter is unique, a thorough review by our team will ensure laws aren’t being broken, the employee’s rights have been taken into account, and that you’re protecting your business.

Other client wins to check out

• $157,000 for Ontario youth coordinator after contract cut short
• 7-year Ontario contractor secures substantial severance package
• Full severance for Ontario dental receptionist despite termination clause
• Ontario ‘road boss’ constructively dismissed, awarded over $320K
• Office admin awarded nearly $85K in wrongful dismissal case
• Ontario welder sparks justice after 36 years of service snuffed out

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.