Wrongful Dismissal Action: Graham Borden v. Ontario Inc. (Tax Mechanic)
Daniel Chodos, a Sr. Partner at Whitten & Lublin, secures 8 months of salary and $20,000 in punitive damages in a wrongful dismissal case for his client, Graham Borden.
Mr. Graham Borden initiated a wrongful dismissal lawsuit against 2554318 Ontario Inc., operating as Tax Mechanic. Daniel represented Mr. Borden in his claim for wrongful dismissal, and punitive damages based on breaches of the Ontario Human Rights Code and Ontario Employment Standards Act, 2000 (ESA).
Background
Mr. Borden, a 52-year-old General Manager, alleged that he was wrongfully dismissed by Tax Mechanic in November 2022. Before joining Tax Mechanic, Mr. Borden was securely employed for nearly three years elsewhere. He asserted that he was enticed to leave his stable job based on promises made by the Defendant.
Case Details
Inducement to Leave Secure Employment: Mr. Borden was informed about the General Manager position at Tax Mechanic through a friend who learned of the vacancy from Janice Keough, the Operations Manager at Tax Mechanic. Ms. Keough facilitated a conversation between Mr. Borden and Fraser Simpson, the principal and legal representative of the Defendant.
Dismissal Without Cause: Mr. Borden claimed he was dismissed without just cause.
Violation of Ontario Human Rights Code: The Plaintiff argued that his termination was in breach of the Human Rights Code for discrimination.
Violation of the ESA: The Plaintiff also contended that his dismissal breached the ESA, which requires notice or pay in lieu of notice that was not provided by the Defendant.
Callous and Insensitive Allegations: Mr. Borden claimed the Defendant’s allegations of just cause were callous, insensitive, and could not be substantiated by evidence, thus failing to meet the common law standard.
The court examined the following key elements:
Inducement: Evidence of Mr. Borden being actively recruited and promised job security by the Defendant.
Cause for Dismissal: Assessment of whether the dismissal was indeed without cause.
Human Rights and Employment Standards Breaches: Evaluation of any violations of the Human Rights Code and the ESA.
Results
The court found that Mr. Borden was induced to leave his previous employment based on assurances of long-term security that were not honored. The dismissal was deemed without just cause and in breach of the ESA. The Defendant was also found to be in breach of the Ontario Human Rights Code for discrimination. Finally, the Defendant was found to have acted in bad faith in relation to the termination.
Conclusion
The court ruled in favour of Mr. Borden, acknowledging the wrongful dismissal and breaches of the Ontario Human Rights Code and the ESA. Mr. Borden was awarded compensation for his wrongful termination based on 8 months of salary, as well as punitive damages of $20,000 for the callous manner in which he was dismissed.
How Can Individuals Contact Whitten & Lublin Regarding Wrongful Dismissal?
Facing wrongful dismissal case can be stressful. Whitten & Lublin’s experienced employment lawyers can help you navigate your legal options and secure the compensation you deserve. Contact us for a consultation online or by phone at (416) 640 2667 today.