Such fired employees are entitled to substantial compensation in addition to reinstatement or wrongful dismissal damages
Since the lockdown, millions of Canadian employees have been actually or constructively dismissed as result of their employers being shut down or their businesses crippled.
The choice of employees selected for termination, layoffs or pay reduction is of no consequence — unless the decision is a breach of the Ontario Health and Safety Act , or the Ontario Human Rights Code. So is dismissing employees because they are pregnant or for any other reason covered by human rights legislation. Similarly, the Ontario OHSA, and its equivalent legislation in other provinces, protects employees against reprisal of any type for complaining that the workplace is unsafe or for filing a complaint to the Ministry of Labour.
For older or disabled employees ostensibly terminated for “COVID-19 related business reasons,” but where it’s believed the real reason is rooted in human rights, the case of Sharon Fair against Hamilton Wentworth District School Board is instructive. Human rights cases wend their way slowly. In 2013, almost a decade after her termination, the Ontario Human Rights Tribunal ordered that Fair be reinstated with back pay of $419,283.89 from that date a decade earlier when she could have been selected for the job. Another $30,000 was awarded as compensation for the injury to her dignity, feelings and self-respect.
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