8/30/2017 12:00:00 AM | less than a minute read

"Inconvenience Damages" - Employer Ordered to Pay $$$ for Intentional Delay in Issuing ROE

Get in touch

Kyle Allen

Partner at Brownlee LLP, Labour and Employment Lawyer

Get in touch

Kyle Allen

Partner at Brownlee LLP, Labour and Employment Lawyer

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.

barryfisher.ca/...