In a recent case out of Ontario, an employer intentionally delayed submitting an employee's Record of Employment after terminating her (approx. 5 month delay), and further, wrongfully declared on the ROE that she had quit. As a result, the employee's application for EI benefits was initially denied and she suffered financial hardship.
Although a relatively modest damages award, in short, this case serves as a reminder that employers should refrain from playing "hardball" with employees.
As a side note, interestingly, the writer of this article believes that this may be the first time that "Inconvenience Damages" for the delayed issuance of an ROE have been awarded in a wrongful dismissal action.
Taking into consideration what the plaintiff went through as a result of the defendant’s deliberate act of not promptly submitting the ROE and the initial rejection of the plaintiff’s application for employment benefits, I think that the sum of $1,000 is an appropriate, fair and proper amount under these circumstances for inconvenience damages to be paid by the defendant to the plaintiff.