In a significant decision by the Ontario Superior Court of Justice, the case of Ramcharan v. Wesdome Gold Mines Ltd meaningfully impacts wrongful dismissal law in Canada. Understanding the nuances of the Ontario Superior Court of Justice’s recent decision of Ramcharan v. Wesdome Gold Mines Ltd is essential for navigating the intricacies of employment law in Canada at present.

How did the earlier case of Waksdale v. Swegon North America Inc., 2020 ONCA 391, influence the court’s decision in this case?

In this case, the court ruled in favour of Mr. Ramcharan. He had under two years of service and was 49 years old at time of dismissal. Yet, the court awarded him significantly more than it would seem he was entitled to.

As a result of the earlier case of Waksdale v. Swegon North America Inc., 2020 ONCA 391, the court deemed the termination clause in the employee’s contract unenforceable. It had the potential to violate the Employment Standards Act, 2000.  As a result, this entitled Mr. Ramcharan to reasonable notice under the common law. The court assessed his entitlement at 6 months. This extended notice period, despite his short tenure, underscores the challenges in job replacement given his age and senior management role. The ruling cited that Mr. Ramcharan’s senior management position would be difficult to replace in any period shorter than six months.

The Ontario Superior Court of Justice also awarded Mr. Ramcharan 10% of his notice award for compensation in lieu of benefits. It also awarded him vacation pay on his 2019 bonus, challenging the notion of “discretionary” bonus. The court determined that by calculating the bonus based on company and personal performance, the bonus became non-discretionary.

This decision highlights that even short-term employees can be entitled to more substantial notice periods, especially in a challenging economic climate. Ultimately, employees should seek legal advice to understand the complexities of employment law and safeguard their rights.

How can individuals reach out to Whitten & Lublin for a consultation?

At Whitten & Lublin, we understand the challenges associated with job loss or termination, recognizing it as a stressful experience. Our team of experienced employment lawyers will guide you through the available legal avenues. This ensures you receive the rightful compensation owed to you. We encourage those affected by recent layoffs in Canada to reach out to us for a consultation, accessible through our online portal or by phone at (647) 951-7460 today.