The owner of three companies that all employed a worker is jointly liable with his companies for more than $400,000 in damages to the worker for constructive dismissal and bad-faith conduct in laying off the worker, including an attempt to pay the worker illegally.
The companies were located near Fergus, Ont., and were owned by John Walkey. The now-63-year-old worker’s employment began in 1978 with James Wilson and Sons, a feed mill that produced animal feed and oatmeal for human consumption. At the same time, he worked as a farm manager for Walkey’s Riverglen Farms, a farm with various livestock. In 1984, the worker started working for Gary Farms, which had an orchard, and fields for corn, raspberries, and strawberries, as a farm manager. He and his family lived in a house on the property rent-free and he sometimes performed handyman work for the owner.
In 1996, Walkey sold Gary Farms and told the worker that he had to move out within six weeks. The worker was able to find a house, but his salary stayed the same and he had the use of a company truck.
