Escorted ex-employee escorts employer to court

Employee claimed employer acted in bad faith in dismissal following unrelated investigation
By Tom Gorsky
|Canadian Employment Law Today|Last Updated: 05/01/2013

It is the practice of many employers to escort a dismissed employee out of the workplace. Particularly when dismissal is for cause, it can be prudent to ensure the employee leaves under the employer’s watchful eye. However, sometimes this common practice can result in a claim the employer acted in bad faith.

This was the issue in a summary judgment motion before the Ontario Superior Court of Justice in Brownson v. Honda of Canada Mfg. The case has yet to be decided at trial, but the court’s preliminary decision is a timely reminder that in this post-Wallace era employees are more likely to file a complaint about — and courts to evaluate — not only why, but also how a dismissal is carried out.