Williamson v. Brandt Tractor Inc.

Samfiru Tumarkin LLP secured 17 months of severance pay for our client, William Williamson, in the case of Williamson v. Brandt Tractor Inc., a matter that was heard at the Ontario Superior Court of Justice (ONSC).

National Practice Leader David Vaughan successfully argued that Williamson was wrongfully dismissed because his employer couldn’t establish just cause for termination.

WATCH: Samfiru Tumarkin LLP breaks down everything you need to know about the termination process on an episode of the Employment Law Show.

What you need to know

• Williamson worked for Brandt Tractor for 18 years. Prior to his termination, the 56-year-old held the position of “salesperson.”
• On September 1, 2021, Brandt Tractor fired Williamson for cause — citing his discipline record and an incident on August 30 involving a dissatisfied customer.
• Following his termination, Williamson took a job driving a “parts vehicle” at a lower pay grade to mitigate damages.

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Court’s decision

The ONSC agreed with Samfiru Tumarkin LLP that Brandt Tractor wasn’t able to establish just cause for termination.

While the company didn’t offer any severance pay, they were ultimately ordered to provide Williamson with 17 months’ compensation.

SEE ALSO
• How to calculate severance pay
• Should I negotiate my own severance package in Ontario?
• Can I get...

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