Client Win: Ontario salesperson awarded $182K in wrongful dismissal case

Paul v. Sensient Colors Canada Ltd.

Samfiru Tumarkin LLP secured more than $182,000 in damages for our client, Jocelyn Paul, in the case of Paul v. Sensient Colors Canada Ltd., a matter that was heard at the Ontario Superior Court of Justice (ONSC).

Partner Jon Pinkus successfully argued that Paul’s employer didn’t have just cause to terminate her for refusing to comply with its COVID-19 vaccination policy — resulting in a wrongful dismissal.

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

• Paul, who began working for Sensient Canada on August 29, 2011, was a senior sales account manager at the time of her termination on December 1, 2021.
• During her tenure at Sensient Canada, the 37-year-old received consistent positive appraisals. Paul’s performance evaluation for 2020 noted that she was able to “close a tremendous gap in her revenue” despite the challenges brought on by the COVID-19 virus.
• In the fall of 2021, Sensient Canada introduced a COVID-19 vaccination policy that required certain employees to disclose their vaccination status.
• While Paul had complied with all other COVID-related safety requirements, she notified Sensient Canada in writing on November 12, 2021 that she wouldn’t disclose her vaccination status. Additionally, she confirmed that her top 10 customers didn’t require her to be vaccinated for on-site visits.
• On December 1, 2021, Sensient Canada fired Paul and alleged just cause. She wasn’t provided any severance pay — not even her minimum entitlements under Ontario’s Employment Standards Act.

Court’s decision

The ONSC agreed with Samfiru Tumarkin LLP that, given the specific circumstances of Paul’s employment, Sensient Canada’s decision to terminate her for cause wasn’t a necessary or proportionate response for refusing to comply with its COVID-19 vaccination policy.

“Ms. Paul’s vaccination status had no meaningful impact whatsoever on her ability to visit any customers over the course of the [COVID-19] pandemic,” Justice Chris de Sa noted in his ruling.

“She was able to maintain her accounts and even grow new business outside of Ontario during the pandemic (often communicating via videoconference, email, and phone) notwithstanding the travel limitations during that time. None of her customers outside of Ontario asked her to meet in person at any time from March 2020 onwards.”

The court also noted that her job search efforts following her termination were “extensive.”

In total, Paul was awarded $182,822.84, which includes 12 months of severance pay, benefits, and statutory vacation pay.

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?

Lessons for employees

• It’s extremely difficult for employers to terminate staff for cause: 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. Every situation is unique and needs to be reviewed by a legal professional. As Paul’s case shows, wrongful dismissal damages can be significant.
• 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. 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

• Wrongfully dismissed Ontario salesperson secures 17 months’ severance
• $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.