Client Win: 33-Year Dental Hygienist Awarded 24 Months’ Pay After Wrongful Dismissal

Visaggio v. Joynt-Dent Inc.

Samfiru Tumarkin LLP is proud to have represented Ms. Visaggio, a 57-year-old dental hygienist who dedicated 33 years of her career to Joynt-Dent Inc. (JDI), a dental practice in Ottawa. When the practice was sold, Visaggio was terminated without cause and presented with unreasonable new employment terms. In a decisive win by Ottawa employment lawyer and partner Alex Lucifero, the Ontario Superior Court rejected the employer’s attempt to deny her full entitlements, awarding her:

• 24 months’ pay, or $110,294
• Benefits
• $19,938 in legal costs

Facts of the Case

• Employee Background: Visaggio started working at JDI in 1982, right after graduating as a dental hygienist. Over three decades, she provided loyal service in the dental industry, working full-time Monday to Friday. At the time of her termination, she earned $40/hour, had access to generous benefits, and enjoyed a strong reputation in her field.
• Termination: In 2016, the dental practice’s owner, Dr. Joynt, sold the business to another dentist, Dr. Chung. Shortly before the sale, Visaggio was told she could either sign a new employment contract with reduced terms or face termination. She refused to accept the diminished terms, and was terminated without cause. The new terms included:
  • A lower Ontario severance package.
  • Fewer sick days (from five days per year down to three).
  • No guarantee of consistent hours.
  • The elimination of free dental services for Visaggio and her family.
  • The right for the employer to temporarily lay her off without compensation, and make other changes to her job (including the elimination of employee benefits and uniform allowances).
• Employer’s Argument: The employer claimed Visaggio had failed to mitigate her damages by refusing their offers of continued employment, which included unfavorable terms. They argued that she had not actively sought comparable jobs after her dismissal and therefore was not entitled to full severance.

Alex Lucifero discusses case win on CTV News

Hear from Alex Lucifero, the employment lawyer who successfully represented Visaggio, as he breaks down the key aspects of the case and its broader implications for employees across Canada.

What was at stake?

• Severance Pay: How much compensation Visaggio was owed after 33 years of service.
• Mitigation: Whether our client had made reasonable efforts to find new work.
• Employer Conduct: The fairness and legality of JDI’s actions during and after the termination.

The Court’s Decision

Severance Pay: The court awarded Visaggio 24 months’ pay and benefits, citing:

• Length of Service: With 33 years of employment, Visaggio had significant tenure.
• Age and Job Market: At 57, she faced challenges finding similar work in a narrow field.
• Employer Conduct: JDI’s attempt to strip her of long-standing benefits and common-law severance entitlements was deemed unfair and in bad faith.

Mitigation Efforts: Justice Kane ruled that Visaggio made reasonable efforts to find new work, including applying for more than 50 positions within nine months of her termination. Her rejection of the employer’s substandard offers did not amount to a failure to mitigate, as the terms were unfair and inconsistent with her previous employment.

Bad Faith by Employer: The court strongly criticized the employer for prioritizing “financial interests ahead of the livelihood and legal rights of the plaintiff who had served the practice, these [d]entists and their patients for over 30 years.” Justice Kane noted that JDI tried to use its superior resources to impose unfavorable terms and avoid paying fair severance.

Key Takeaways for Employees

• Long Service Counts: Employees with long tenure are entitled to significant severance, even in lower-wage positions. Use our Ontario Severance Pay Calculator to get a better sense of what you may be owed if you lose your job.
• Bad Offers Can Be Rejected: You are not required to accept unreasonable offers that diminish your rights.
• Mitigation Protects Your Claim: Documenting your job search efforts helps demonstrate that you acted reasonably.

Key Takeaways for Employers

• Fairness Matters: Courts will not tolerate attempts to undermine employee rights for financial gain.
• Clear and Consistent Communication: Misleading employees about their severance rights can lead to severe penalties.
• Act in Good Faith: Employers must handle terminations with integrity to avoid additional legal risks.

Workplace issue? Contact our team

Since 2007, Samfiru Tumarkin LLP has helped thousands of non-unionized employees resolve workplace issues. If you’ve been offered a demotion or unfair severance package, our experienced lawyers can help you understand your rights and secure fair compensation.

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