Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.
Last month, I wrote about a vulnerable, low paid employee who obtained $150,000 from her former employer by filing a complaint under the Ontario Human Rights Code. This month, I am writing about a vulnerable, low paid employee who obtained $300,000 from her former employer using Ontario’s court system.
Since 2008, adjudicators appointed under the Ontario Human Rights Code have had the power to award unlimited general damages as compensation for injury to dignity, feelings and self-respect. Since that time however, very few adjudicators have awarded more than $ 40.000 and most awards are under $ 20.000.
Human Rights Tribunals across the country have been issuing damage awards which have raised the eyebrows of the employer community. In a number of recent cases, employees have been awarded record setting damages. In many of these cases, these damages have greatly exceeded what a Court would be prepared to award in a wrongful dismissal cases.
The three most viewed articles in this week HRinfodesk newsletter deals with upcoming income tax changes, loss of reputation and performing work that is proscribed…