Bad faith in the manner of dismissal can be expensive. One employer’s conduct increased an award by 14 months, resulting in a total notice period of 33 months
A recent Ontario Superior Court decision is a strong reminder that alleging cause is not simply a termination strategy. It is a serious legal position that must be supported by a fair investigation, credible evidence, and careful analysis.
In Wilsher v. Olympic Wholesale, 2026 ONSC 3620, the court awarded a former night shift supervisor 33 months of pay in lieu of notice after finding that his employer did not have just cause to terminate his employment and had acted in bad faith in the manner of dismissal. The result is significant.
The employee was initially awarded 19 months of reasonable notice. However, the court extended the notice period by an additional 14 months because of the employer’s conduct, bringing the total award to 33 months. For employers, the decision is a cautionary example of how a flawed investigation and an improperly handled cause allegation can substantially increase liability.
The employee was 55 years old and had approximately 17 years of service. He worked as a night shift supervisor. The employer terminated his employment for cause after alleging that he had engaged in fraudulent behaviour and time theft by “topping up” employee time records.
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