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bad faith termination

Bad faith dismissals: is medical evidence required to prove damages?

The question of whether medical evidence is required to prove damages in bad faith dismissals is one that courts across Canada have struggled with for some time.  Welcome guidance was provided by the Supreme Court of Canada this past summer.

 

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Talking damages: Put your money where your mouth is

When it comes to human rights cases, awards for general damages are often less than $10,000, even though the $10,000 cap on general damages was removed almost a decade ago.

 

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The damages formerly known as Wallace – Are they still relevant?

It has been about eight years since the Supreme Court of Canada decision in Honda Canada v Keays, which dramatically altered the law with respect to damages relating to bad faith conduct in the course of dismissal. Is the topic still relevant? A recent Ontario decision confirms that it is.

 

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Can employers publicize terminations via social media? Dallas’ police chief says yes

In the name of transparency and building public confidence in the local police force, Dallas police chief David O. Brown has begun posting announcements of staff terminations and demotions on the social networking services Twitter and Facebook. Chief Brown is surely blazing a trail with the controversial practice, but it remains to be seen whether others will follow—or if it’s even legal…

 

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Misconceptions of a probationary period can expose employer to liability

Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.

 

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The debate over moral damages continues

Since Honda v. Keays, employment law and human resources practitioners have been watching how the law regarding bad faith dismissals has developed, in particular, the assessment of moral damages. A recently published decision has added some clarity to the moral damages question. The case, Canada (Attorney General) v. Tipple (2011) dealt with the well known case of Douglas Tipple.

 

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A very expensive case of bad-faith termination and sick pay fraud

I recently read an interesting case about sick pay fraud and bad-faith termination. After reading the employer’s version of what happened, I was pretty convinced…

 

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