A former amusement ride mechanic at Canada’s Wonderland can pursue his constructive dismissal lawsuit, the Workplace Safety and Insurance Appeals Tribunal has ruled, rejecting the employer’s bid to have the action barred under the Workplace Safety and Insurance Act (WSIA).
The tribunal allowed the worker’s claims for constructive dismissal, punitive damages and certain aggravated damages to proceed in court, while confirming that claims for injuries sustained during the course of employment remain barred by the WSIA.
Worker alleged mistreatment and unsafe conditions
The worker, who began employment at Wonderland in 2007, filed a civil action in September 2023 alleging constructive dismissal. His statement of claim included allegations of mistreatment, unsafe working conditions, and failure by the employer to address health and safety concerns.
Central to the case was a June 9, 2023 incident involving a contracted employee. The worker testified he was threatened and verbally abused, which led to chest pains and a subsequent medical diagnosis of an anxiety attack. He later provided medical documentation to the employer and met with human resources and a supervisor on June 11, 2023.
The worker testified he believed his concerns would be addressed under the employer’s “zero tolerance” policy for abuse, but the contracted employee continued working at the park. He said this was the catalyst for filing a constructive dismissal claim.
Employer argued WSIA barred lawsuit
The employer argued that the incident amounted to a workplace accident under the WSIA and should be addressed through workers’ compensation benefits, not a civil claim. It submitted that the worker’s action was, in effect, a personal injury claim disguised as constructive dismissal.
The employer also maintained that the worker failed to give it the opportunity to accommodate him after June 11, 2023, and instead resigned in July 2023.
Tribunal distinguishes between injury and dismissal claims
The tribunal found that while the June 2023 incident was noted in the pleadings, the action was primarily a constructive dismissal claim and not barred under section 31 of the WSIA.
“The incident of June 9, 2023 was the catalyst, or the last straw, that led him to file the constructive dismissal claim,” the tribunal wrote. It noted the worker was not seeking financial compensation for personal injuries.
The tribunal allowed the worker’s claims for constructive dismissal and punitive damages to proceed. It also permitted aggravated damages tied to the alleged dismissal but barred claims for aggravated damages linked to workplace injuries sustained during employment.
WSIA application partially granted
The tribunal granted the employer’s section 31 application in part, confirming that any claims related directly to workplace injuries must proceed through the WSIA system. However, it held that wrongful dismissal claims, including punitive damages, fall outside the statutory bar.
The worker has six months from the date of the decision to file a claim for benefits under the WSIA, should he choose to pursue compensation for injuries.
For more information, see Decision No. 351/25, 2025 ONWSIAT 939 (CanLII).
