Client Win: Misconduct claims debunked—Assembler secures $77,322 in severance

After nearly two decades of exemplary service as an assembler, Mr. Czerniawski found himself escorted out of his workplace by police, accused of behaviour so egregious that his employer claimed it constituted “just cause” for dismissal. But justice prevailed.

Samfiru Tumarkin LLP, led by Toronto employment lawyer and partner David Vaughan, successfully secured a decisive victory for this dedicated worker, proving that fairness and dignity can’t be dismissed.

The Case: Czerniawski v. Corma

After 19 years of working as an assembler at corrugated plastic pipe maker Corma Inc., our client—a hardworking, technically skilled employee earning $22.58/hour—was terminated in March 2019. The reason? An alleged altercation at work and his refusal to leave the premises when directed. What followed was a dismissal without an Ontario severance package.

The employer claimed Czerniawski’s actions created an atmosphere of fear, warranting immediate dismissal for just cause. Yet, their investigation excluded one key voice: his.

This case wasn’t just about workplace tension—it was about ensuring that no employer tramples an employee’s rights without due process.

The Incident: What Happened

The Conflict: It all started when Czerniawski discovered that parts he had worked on were missing from his workstation. A junior apprentice informed him that a colleague, Mr. Wilson, had reassigned them without consulting him. Words were exchanged, tempers flared, and things escalated into a heated verbal dispute.

The Fallout: Czerniawski was told to leave the workplace immediately but resisted—he wanted to know the reasons behind the demand. His refusal led to a brief meeting with supervisors, during which he still wasn’t provided details about the alleged incidents. The standoff culminated in the general manager calling the police. Despite claims by Corma that he behaved threateningly, the police noted no such behaviour. He left the premises peacefully.

Four days later, seeking clarity, he delivered a letter to the workplace’s reception area. The employer used this action as further proof of insubordination, painting him as a threat to workplace safety.

A Flawed Investigation

Corma’s case unraveled under scrutiny. Key issues included:

• Lack of Due Process: Czerniawski wasn’t interviewed as part of the investigation, nor was he given a chance to respond to the allegations.
• Exaggerated Claims: Defense witnesses alleged threatening behaviour, including waving a steel bar and lunging at supervisors. Yet, these claims weren’t supported by police reports, incident logs, or the termination letter.
• Unsubstantiated Fears: An employee’s speculation about our client’s hobby of collecting antique sabres—none of which had ever been brought to work—was included in the termination rationale.

The Court’s Decision: Fairness Prevails

The Ontario Superior Court of Justice rejected Corma’s claim that Czerniawski’s actions justified dismissal for just cause. Justice Backhouse highlighted three key points:

• Proportionality: Refusing to leave the workplace was insubordinate, but it wasn’t severe enough to warrant immediate termination. A suspension or warning would have been more appropriate.
• Context: Czerniawski’s long service, excellent work history, and emotional state during the incident reduced the seriousness of his actions.
• Overblown Claims: The employer exaggerated workplace safety concerns without solid evidence to back them up.

The Result

The court awarded Czerniawski the following:

• 19 Months’ Severance: A total of $77,322.78, recognizing his 19 years of service, his age (54), and his specialized skills.
• Lost Benefits: An additional 10% of his base salary to cover the value of his group benefits during the notice period.
• No Mitigation Penalty: The court found Czerniawski made a diligent effort to find comparable work, so his severance wasn’t reduced despite the employer’s claims.

What This Means For You

Lessons for Employees

• Understand Your Rights: Dismissals for “just cause” are rare and must meet a high threshold. Insubordination or a single mistake doesn’t automatically justify termination without notice.
• Due Process Matters: If your employer doesn’t give you a chance to explain your side of the story or conduct a fair investigation, this could strengthen your case.
• Loyalty Counts: Long years of service and a strong performance history work in your favour when determining fair severance pay.
• Mitigation Is Key: While you are entitled to fair severance, you also have a duty to search for new work. Keep a record of your job applications and interviews to demonstrate your efforts.
• Seek Legal Help: If you’re facing a wrongful dismissal in Ontario, don’t hesitate to consult a lawyer at Samfiru Tumarkin LLP. A strong legal advocate can help you fight for the compensation you deserve.

Lessons for Employers

• Conduct Proper Investigations: Always include the employee’s side of the story. Skipping this step weakens your case and increases legal risks.
• Match the Punishment to the Misconduct: Termination for cause is only justified for serious misconduct that destroys the working relationship. Lesser issues require warnings or other discipline first.
• Consider the Whole Picture: Factors like the employee’s long service, good work history, and the specific context of the incident should all be taken into account.

We’re Here to Help

This case is a powerful reminder that employees can’t be dismissed without severance pay unless the employer can prove genuine misconduct—without exaggerating or spinning the story.

Since 2007, we’ve achieved countless victories for non-unionized employees across Ontario, Alberta, and B.C., championing fairness, clarity, and justice. At Samfiru Tumarkin LLP, we don’t just fight for our clients—we empower them to understand their rights and take control of their futures.

In most cases, we resolve disputes quickly and effectively without going to court. But when litigation is necessary, as it was in Czerniawski v. Corma, we’re fully prepared to go to court to secure the justice you deserve.

If you’re facing an unfair dismissal, you have rights. We’re here to ensure your voice is heard, your dignity upheld, and your rights protected. Reach out to us today to discuss your case.