Bad Faith in the Course of Dismissal: “The Damages Formerly Known as Wallace” are Still Relevant
If an employee can prove bad faith conduct by an employer in the manner of a dismissal, then the employee may be entitled to bad faith/moral damages.
The Ontario Human Rights Tribunal: Remedies and Increasing Damages
Passmore and Illumiti Inc., which was released in November of last year, and is helpful for both employers and employees as it reviews the types of remedies that may be available through the tribunal, as well as how damages are assessed.
Mitigation
If the employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment.
Damages In A Wrongful Dismissal Claim
In this case, I want to talk about the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.
Income from Second Job CAN be Mitigation
It is trite to say that dismissed employees have a duty to mitigate their damages by seeking replacement employment. But what happens if they are successful? Does that mean that their entitlement to compensation for the dismissal is reduced? In…
But How Do I Prove It? Evidence Required for Claims of Mental Distress
In June of last year, the Supreme Court of Canada released their unanimous decision in Saadati v Moorhead dealing with the proof required to establish “mental injury” in the context of tort claims. The landmark decision determined conclusively that evidence…
Do as you say: Breach-of-confidentiality clauses in settlement
Employers should abide by the strict terms of any settlement agreements Despite what TV shows and movies portray, the reality is that most cases settle. Typically, the parties enter into a settlement agreement in order to ensure that the interests…
The same conduct may ground an award of damages for sexual harassment and moral damages
Earlier this month, we wrote a blog post on the Weinstein scandal and sexual harassment. In that blog post, Stuart Rudner asserted that after the Weinstein scandal, sexual harassment can no longer be seen as a ‘cost of doing business’.…
Terminating a Fixed-Term Contract of Employment
In previous blog posts, I have discussed the dangers of Fixed-term Contracts, The Hidden Risks of Fixed-Term Contracts of Employment , and When a fixed-term contract isn’t. One of the points that has repeatedly been made is that if a fixed-term contract does not…
