Client Win: Severance Award Upheld for Long-Service Ontario Salesperson

Williamson v. Brandt Tractor

Samfiru Tumarkin LLP successfully argued at the Ontario Court of Appeal (ONCA) that the 17 months of severance pay awarded to our client, William Williamson, should be upheld.

National Practice Leader David Vaughan and Associate Naomi Flanagan outlined why Brandt Tractor didn’t have just cause to terminate Williamson — who also fulfilled his duty to mitigate damages after being wrongfully dismissed.

📺 WATCH: Guide to Wrongful Dismissals

The Court’s Decision

The ONCA didn’t find any issues with the ONSC’s wrongful dismissal ruling and dismissed Brandt Tractor’s appeal.

While $32,881.43 — income from Williamson’s new job — was subtracted from the severance package, the court also awarded the former salesperson $15,000.

SEE ALSO
• Severance Pay Calculator: Double-Check Your Entitlements
• Should I Negotiate My Own Severance Package in Ontario?

Key Takeaways

For Employees

• Establishing just cause for a termination is very difficult: 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 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.

For Employers

• Consult an employment lawyer before firing staff: Employers in Ontario should always seek legal counsel prior to terminating an individual 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.

More Ontario Client Wins

• Ontario Exec Awarded Over $300K Following Devastating Demotion
• $50K Discrimination Award Upheld for Fired Ontario Mother
• Ontario Court Upholds, Increases Severance Award for 7-Year Contractor
• Significant Severance Package for Ontario IT Specialist
• Ontario Salesperson Awarded $182K in Wrongful Dismissal Case
• 17 Months of Severance for Wrongfully Dismissed Ontario Salesperson
• $157,000 for Ontario Youth Coordinator After Contract Cut Short
• 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? Get Help Now

📞 Call Samfiru Tumarkin LLP at 1-855-821-5900 or request a consultation online.

Our experienced employment lawyers in Ontario, Alberta, and British Columbia (BC) have helped tens of thousands of non-unionized individuals resolve their workplace issues, including wrongful dismissals.