Court sees bad faith in employer’s attempts to thwart employee’s claim for compensation benefits
Isaac Youkhanna was employed as a welder with Spina’s Steel Workers Co. Ltd. On Oct. 19, 1999, he was assisting his supervisor, Rudy Simone, to lift some angle bolts when he felt sudden severe pain in his low back. Mr. Youkhanna went to the lunchroom to rest for a while. While he was resting, Mr. Simone asked Mr. Youkhanna not to claim compensation because it would be bad for the company’s record.
After resting for a bit, the pain did not let up and Mr. Youkhanna went home. He stayed at home for a few days to recovery from his injury. At no time other than the discussion in the lunchroom did his employer raise the issue of compensation.
On Oct. 25, 1999, Mr. Youkhanna was dismissed by Spina’s. As a result of his dismissal Mr. Youkhanna brought an action for wrongful dismissal against Spina’s. Spina’s took the position that Mr. Youkhanna was not fired but only temporarily laid off indefinitely for economic reasons.
It was argued that the company’s work was construction and therefore seasonal. Mr. Spina testified at trial that traditionally some of the workforce was laid off in the fall when the volume of work fell off and were hired in the spring when it picked up again. He also testified that others were laid off the same time as Mr. Youkhanna, and that the decision to “lay off” Mr. Youkhanna had been made at a management meeting a couple of days before the plaintiff was laid off. The evidence also showed that Mr. Spina believed that Mr. Youkhanna faked his injury to claim compensation.
Mr. Youkhanna disputed the position taken by Spina’s. He refuted the argument that the company’s work was falling off and that workers were customarily laid off in the fall or that anyone else was laid off when he was. In fact no evidence was provided by Spina’s at trial to support Mr. Spina’s testimony that business was falling at the time of Mr. Youkhanna’s dismissal or that other workers had been laid off at the same time. It was Mr. Youkhanna’s position that he was terminated because he was away after being injured on the job and he was going to make a claim for compensation.
The Court found that there was no evidence to support the argument that Mr. Youkhanna was laid off for economic reasons. Up until his injury Mr. Youkhanna had worked overtime hours.
Spina’s also interfered with Mr. Youkhanna’s efforts to claim compensation. Mr. Spina told the Workplace Safety and Insurance Board that Mr. Youkhanna’s injury occurred on Oct. 19, but that Mr. Youkhanna was not employed on that date because he was part of a company lay-off that occurred on Oct. 16. The Court found that this was simply untrue.
The Court concluded that Mr. Youkhanna was terminated because Mr. Spina did not believe that Mr. Youkhanna had been injured but that he was feigning injury in order to collect workers’ compensation while off work. The Court also held that there was no evidence to support Mr. Spina’s position. Mr. Youkhanna’s dismissal was wrongful and he was therefore entitled to reasonable notice.
Furthermore the Court found that the employer had acted in bad faith by its efforts to interfere with and impair Mr. Youkhanna’s ability to claim compensation benefits. Ordinarily the Court would award two months’ notice for a worker in Mr. Youkhanna’s position as a labourer who had been employed for two years. However because of the bad faith by Spina, the Court awarded three months’ notice.
For more information:
• Youkhanna v. Spina’s Steel Workers Co., Ontario Superior Court of Justice, Docket No. 00-CV-18456SR, Nov.6/01.
After resting for a bit, the pain did not let up and Mr. Youkhanna went home. He stayed at home for a few days to recovery from his injury. At no time other than the discussion in the lunchroom did his employer raise the issue of compensation.
On Oct. 25, 1999, Mr. Youkhanna was dismissed by Spina’s. As a result of his dismissal Mr. Youkhanna brought an action for wrongful dismissal against Spina’s. Spina’s took the position that Mr. Youkhanna was not fired but only temporarily laid off indefinitely for economic reasons.
It was argued that the company’s work was construction and therefore seasonal. Mr. Spina testified at trial that traditionally some of the workforce was laid off in the fall when the volume of work fell off and were hired in the spring when it picked up again. He also testified that others were laid off the same time as Mr. Youkhanna, and that the decision to “lay off” Mr. Youkhanna had been made at a management meeting a couple of days before the plaintiff was laid off. The evidence also showed that Mr. Spina believed that Mr. Youkhanna faked his injury to claim compensation.
Mr. Youkhanna disputed the position taken by Spina’s. He refuted the argument that the company’s work was falling off and that workers were customarily laid off in the fall or that anyone else was laid off when he was. In fact no evidence was provided by Spina’s at trial to support Mr. Spina’s testimony that business was falling at the time of Mr. Youkhanna’s dismissal or that other workers had been laid off at the same time. It was Mr. Youkhanna’s position that he was terminated because he was away after being injured on the job and he was going to make a claim for compensation.
The Court found that there was no evidence to support the argument that Mr. Youkhanna was laid off for economic reasons. Up until his injury Mr. Youkhanna had worked overtime hours.
Spina’s also interfered with Mr. Youkhanna’s efforts to claim compensation. Mr. Spina told the Workplace Safety and Insurance Board that Mr. Youkhanna’s injury occurred on Oct. 19, but that Mr. Youkhanna was not employed on that date because he was part of a company lay-off that occurred on Oct. 16. The Court found that this was simply untrue.
The Court concluded that Mr. Youkhanna was terminated because Mr. Spina did not believe that Mr. Youkhanna had been injured but that he was feigning injury in order to collect workers’ compensation while off work. The Court also held that there was no evidence to support Mr. Spina’s position. Mr. Youkhanna’s dismissal was wrongful and he was therefore entitled to reasonable notice.
Furthermore the Court found that the employer had acted in bad faith by its efforts to interfere with and impair Mr. Youkhanna’s ability to claim compensation benefits. Ordinarily the Court would award two months’ notice for a worker in Mr. Youkhanna’s position as a labourer who had been employed for two years. However because of the bad faith by Spina, the Court awarded three months’ notice.
For more information:
• Youkhanna v. Spina’s Steel Workers Co., Ontario Superior Court of Justice, Docket No. 00-CV-18456SR, Nov.6/01.
