New mom awarded 15 months’ pay

Bookkeeper was constructively dismissed when employer changed hours, but ruling doesn’t mean new parents can dictate hours
|Canadian Employment Law Today

An Ontario court has awarded a bookkeeper who was constructively dismissed 15 months’ pay in lieu of notice after her employer unilaterally changed her hours of work after she had a baby.

In essence, the employer wanted Annette Corey to start at 8 a.m. but she didn’t want to come in until 9 a.m. because it would disrupt her baby’s sleep schedule.

But Justice John Cavarzan of the Ontario Superior Court of Justice was careful to say that the fact she had a child was incidental to her successful claim of constructive dismissal and the decision should not be viewed as one setting a precedent for parents of young children to start dictating their hours of work.