In Henderson v. Slavkin et al., 2022 ONSC 2964 Justice Carole Brown again dealt with the CERB issue .
She held that in this particular case, CERB did not reduce the wrongful dismissal damages for the following reasons:
First, the Plaintiff had not ceased working for reasons related to COVID-19 ( as required by Section 6 (1) (a) of the CERB act , rather she was let go because her employer was retiring and shutting down his dental practice. Therefore the Judge concluded that the plaintiff might have to repay the CERB.
Second, the Judge somehow determined that CERB was intended ” as an indemnity for wage loss related to COVID-19, not for wage loss arising from an employer’s breach of an employment contract. ”
Third, justice dictated that the allocation of risk of repayment should not fall upon the Plaintiff as she was a older and long serving employee.
My Comments :
All of the cases which have said that CERB is not to be deducted from wrongful dismissal damages point to the fact that the plaintiff may have to repay CERB.
I am personally unaware of this ever happening nor am I aware of any section of the CERB Act which would even be grounds for a repayment in these circumstances.
If anyone knows of a repayment obligation arising from a wrongful dismissal payment, please contact me.
If you would like a copy of this case, email me at barry@barryfisher.ca