|
Employment - ESA - Vacation Pay. Diarez v. David Murphy et al.
In Diarez v. David Murphy et al. (Ont Div Ct, 2025) the Ontario Divisional Court dismissed an employee's appeal of a Small Claims dismissal of a wrongful dismissal action, this resulting from a successful employee's motion to strike amended pleadings on limitation grounds.
Here the court considers when a limitation period commences to run for ESA vacation pay:[58] A claim for vacation pay is not discoverable simply because vacation pay was not paid when due. Instead, a claim for unpaid vacation is discoverable when the employee knew or ought to have know that he or she was entitled to vacation pay (see Evangelista v. Number 7 Sales Ltd., 2008 ONCA 599; Brown v. Procom Consultants Group Ltd., 2021 ONSC 4185 at para. 15). . Boyer v. Callidus Capital Corporation
In Boyer v. Callidus Capital Corporation (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal, this from a plaintiff-successful employment claim which "sought relief in respect of certain employment-related benefits, including: payment of accrued and unpaid vacation pay; stock options; and deferred bonus payments".
Here the court considers the role of just cause on the issue of unpaid 'vacation pay':[32] Does the defence of just cause have any relevance to the claims for which the motion judge granted relief, namely: accumulated but unpaid vacation pay; earned bonuses for which some payment had been deferred; and the exercise of stock options
[33] Dealing first with vacation that had accumulated at the time of Mr. Boyer’s retirement, s. 38 of the Employment Standards Act, 2000, S.O. 2000, c. 41 provides that “[i]f an employee’s employment ends at a time when vacation pay has accrued with respect to the employee, the employer shall pay the vacation pay that has accrued to the employee in accordance with subsection 11(5).”[7] Callidus has not filed any authority that would suggest a finding of after-acquired just cause termination of an employment contract would obviate that statutory obligation of an employer.
|
