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Homeless shelter worker loses job
but gets $170,000 in damages pg. 4
Firing worker for theft and fraud over
receipts issued to client in crisis for
unpaid fees too harsh: Ontario Court
Declining reinstatement off er
reduces unjust dismissal damages
B.C. employer's re-employment off er after wrongful
dismissal was reasonable way to eliminate damages
BY JEFFREY R. SMITH
A BRITISH COLUMBIA worker was unjustly
dismissed, but she was awarded only six weeks'
pay as damages since she declined what an adju-
dicator found was a reasonable off er of reinstate-
ment from the employer.
Lin Bai began working with the Tsay Keh Dene
Nation on Sept. 8, 2015 as a fi nance offi cer at the
First Nation's business offi ce in Prince George,
B.C. e following year, she was promoted to the
position of senior fi nance offi cer and trained two
new fi nance offi cers who were subsequently hired
in 2017. Bai eff ectively served as a supervisor to
the new fi nance offi cers following their training.
Bai applied for the position of fi nance manager
when it became available, but she was unsuccess-
ful because she failed a test as part of her bid for the
job. e Tsay Keh fi nance department remained
without a fi nance manager until April 2018, when
the executive director appointed another senior
fi nance offi cer to the role. At the same time, Bai's
job description was updated and she received a
pay raise equal to that of the new fi nance manager.
Incentive plan compensation
during the notice period
Ontario Court of Appeal overturns award of more than $900,000 for discontinued
fund compensation for fi red employee due to incentive plan language
BY RHONDA B. LEVY
AND MONTY VERLINT
IN Manastersky v. Royal Bank of Canada,
the Ontario Court of Appeal (OCA) con-
sidered the important question of whether
a terminated employee is entitled to be
awarded damages in lieu of a lost opportu-
nity to earn incentive plan compensation
during the reasonable notice period. e
OCA's decision indicates that the answer
lies in the contractual language of the incen-
tive plan, which must be strictly examined.
e employee was recruited in 2001 by
RBC Dominion Securities (RBCDS) to work
as a director of a mezzanine fund that in-
vested in established companies with a track
record of positive cash fl ow. During his em-
ployment, the employee participated in in-
November 20, 2019
Ontario trucking company
employee's work refusal stalls pg. 3
Damaged equipment didn't operate
normally but didn't pose imminent
danger to workers
EMPLOYER on page 6 »
CREDIT:
BALKANSCAT
SHUTTERSTOCK
EMPLOYER on page 7 »
with Stuart Rudner
Ask the Expert pg. 2
Assigning duties of departed
employee to others
