Damages - Articles & Videos
2024 Employment Law in Review, Part 1: The Eras Tour (The Rudner Law Version)
Our HR Law Eras Tour “set list” takes us through 2024’s notable decisions and developments, with the goal of providing employers and employees with a map of the current landscape that allows them to navigate the challenges ahead.
Ghosting in (Employment) Relationships
Whether you are an employer or an employee, you have rights and obligations at each stage of the relationship and you do not have to necessarily “tolerate” ghosting from the other side.
Court Awards Damages for Employee’s “Inconvenience”
A further expansion to the concept of damages recently happened in Khanom v. Idealogic PDS Inc., where damages were rewarded for “inconvenience” resulting from the employer’s conduct.
Court Orders Independent Medical Examination of Former Employee
In wrongful dismissal lawsuits, the former employee’s medical condition can sometimes become an issue for the Court to consider. To what extent can the employer test this medical condition through a Court-ordered independent medical examination of the employee?
The Hot Trend in HR Law That Will Shock You
Notice periods are getting longer and courts are open to awarding moral, aggravated, and punitive damages in wrongful dismissal claims.
No Damages Awarded Despite Removal of Company Documents by Former Employee
In the recent decision of Titus v Hack, the Ontario Superior Court of Justice found that a former employee had…
Defamatory Reference Provided by Past Employer Leads to Damages
If you as an employer are going to give a negative reference for a former employee, you better be sure that you have all the facts and evidence to support it.
Mitigation Income
A dismissed employee’s damages are subject to mitigation and any income they earn during the common law notice period is to be deducted from the damages owing from their former employer.
Moral Damages Awarded to Dismissed Employee
When dismissing an employee, the employer is expected to treat the employee fairly and respectfully, and in good faith. Acting in bad faith can attract awards of damages in addition to the damages normally awarded for wrongful dismissal.
Alberta Court Upholds Cause Termination and Holds Executive Personally Liable for Damages
A recent decision out of Alberta held not only that an employer had cause to terminate the employment of its President and CEO, thus fully defeating his claim for wrongful dismissal, but also that the executive was personally liable for damages.