Punitive Damages Awarded against Employer for Failing to Provide Recently Fired Employee with Record of Employment

September 30th, 2013 by

This blog is written by our summer student, Michelle Stephenson.

Damages Awarded for Failing to Provide Record of EmploymentAn employer who withheld a recently fired employee’s last week’s pay, vacation pay, and Record of Employment, has been ordered to pay punitive damages by the Ontario Superior Court.

Despite the employer’s initial claim that he had withheld the pay and ROE due to money the employee owed, the court found that he had had no real reason and that the refusal constituted the employer committing an “independent actionable wrong” arising through bad faith dealings.

Between the time of his dismissal and finally recovering his ROE 8 months later when he could start receiving EI benefits, the employee and his wife had struggled financially, relying on family to pay their bills while the employer refused to provide the requested payments or documentation owed.

The court held that the employer had withheld the pay and ROE maliciously and deliberately, putting the plaintiff in the unfortunate financial situation described.

For this reason, in addition to the pay in lieu of notice for wrongful termination, awarded to the plaintiff, the court awarded an additional $3000 in punitive damages for the employer’s malicious and “reprehensible misconduct”.

Link to full Employment Law: Punitive Damages Awarded against Employer for Failing to Provide Recently Fired Employee with Record of Employment decision:


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