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Sunday, September 27, 2026

CHAUDHRI: The 2022 employment law round up - Toronto Sun

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Here is a highlight reel of some of the most important developments of the year in employment law:

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COVID-19 was an important factor in wrongful dismissal awards – Earlier this year I wrote about the case of Diane Currie. Currie worked for Nylene Canada Inc. (Nylene) as a Chief Operator and was terminated after 39 years of employment. She started her employment at 18 and was high school educated. Despite the legal “cap” of 24 months of pay on termination, the court recognized that there were exceptional circumstances in this case and Currie was awarded 26 months of wrongful dismissal damages. Noting the impact COVID had on her job search, the court stated, “It is reasonable to say that during the past year employers may have had to downsize not expand, meaning there are fewer job opportunities available.”

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Negotiated contracts by sophisticated parties still may be unenforceable – Farah Rahman was CannonDesign’s (a subsidiary of the Cannon Corporation) most senior Canadian employee. She earned $185,000 in salary plus bonus and benefits. She was terminated at the onset of the COVID pandemic in April 2020 at the age of 61. Rahman used a lawyer to negotiate her contract in 2016. On termination, she was paid her contract entitlements of four weeks. She sued for wrongful dismissal damages claiming her contract violated the Employment Standards Act. Rahman won on appeal. Writing on behalf of the panel, Justice Gillese found “...



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