damages

Three popular articles this week on HRinfodesk

July 20, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Training and Development, Union Relations, 0

The three popular articles this week on HRinfodesk deal with: how an employee’s decision to retrain affected his right to damages after termination, improvements to CRA services for small and medium businesses and union-friendly changes to the certification process included in Bill 148, Fair Workplaces, Better Jobs Act.

Bill 148, CRA, damages, duty to mitigate, employment law, Payroll, temporary help agency, termination, unfair labour practice, union, union certification

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

July 7, 2017 Stuart Rudner Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

bad faith, bad faith dismissal, bad faith termination, damages, damages arising out of bad faith, damages arising out of the manner of dismissal, Dismissal, duty to act in good faith, employment law, employment relationship, Keays v. Honda Canada Inc, Mulvihill v. Ottawa (City), notice period, Supreme Court of Canada, termination, terminations, The Damages Formerly Known as Wallace, Wallace damages, Wallace v. United Grain Growers

Departing employees gone rogue

June 19, 2017 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security, 0

The business consequences of departing employees gone rogue were recently highlighted in Prim8 Group Inc. v Tisi. In that case, an officer and director of Prim8 Group Inc. (Tisi) resigned from his employment to set up a competing business. Two days before his resignation, Tisi removed electronic equipment from Prim8’s premises, some of which contained proprietary information, and refused to return it. Shortly thereafter, another employee resigned from Prim8 without notice to join Tisi’s competing business.

damages, departing employees, Employee resignation, employment agreement, employment law, exit strategy, general duty of good faith and fidelity, reasonable notice

Three popular articles this week on HRinfodesk

June 15, 2017 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with: Court of Appeal upholds award to constructively dismissed McDonald’s manager; Employer proves it accommodated employee’s disability to the point of undue hardship; and Employer’s LMIA application denied due to lack of “genuineness” of job offer.

accommodate disability, constructively dismissed, damages, employment law, Labour Market Impact Assessment, LMIA, termination, workplace accommodation

Bad facts make bad law (for employers): Court recognizes new tort of harassment #learnthelatest

June 13, 2017 Stringer LLP Conferences, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation, 0

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court. To find out more about how the new tort of harassment in the employment law context, register to Learn the Latest® at the Ontario Employment Law Conference on June 20, 2017.

18th Ontario Employment Law Conference, 2017 Ontario Employment Law Conference, damages, emotional distress, employment and labour law, employment law, general damages, harassment, HR conference, HR policies, HRlaw conference, Learn the latest, Merrifield v The Attorney General, Stringer LLP, tort, tort of harassment

OHSA in wonderland: Through the looking glass

June 13, 2017 Doug Macleod Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation, 0

If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.

aggravated damages, damages, disciplining an employee, employment law, health and safety complaints, lost wages, occupational health and safety act, OHSA, reinstatement, termination, workplace harassment, wrongful dismissal, wrongful dismissal damages

Three popular articles this week on HRinfodesk

June 8, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with: Ontario Employment Standards Act reforms underway; employees awarded $15,000 each in moral damages against employer; and upcoming employment and labour law changes in Alberta.

Bill 148, Bill 17, Changing Workplace Review, damages, employment law, employment standards act, employment standards code, Fair and Family-friendly Workplaces Act, Labour Relations Code, unpaid overtime, wrongful dismissal

Three popular articles this week on HRinfodesk

June 1, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with: Changing Workplaces Review final report; employee wrongfully dismissed awarded $46,000 in damages; and employer successful in challenging worker’s entitlement to cost relief.

Changing Workplaces Review, Changing Workplaces Review final report, Cost Relief, damages, employment law, wrongful dismissal

Disability and termination under the Human Rights Code

February 27, 2017 Kevin Sambrano HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. The matter was addressed in one of the first Tribunal decisions of 2017, Ben Saad v. 1544982 Ontario Inc.

accomdation to the point of undue hardship, accommodate disability, Ben Saad v. 1544982 Ontario Inc., damages, Disability, employment law, Foreign workers, hrto, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, migrant worker, policies and procedures, termination, undue hardhsip

Wrongful dismissal update: More kinds of damages being ordered

February 14, 2017 Doug Macleod Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation, 0

Once upon a time, employees did not sign employment contracts with termination clauses and employment lawyers fought over the appropriate “reasonable” notice period. In 2017, however, employees now claim in addition to wrongful dismissal damages, human rights damages, moral or Wallace damages, punitive damages, and damages for the intentional infliction of mental stress.

damages, Doyle v. Zochem Incorporated, employment contract, employment law, harassment complaint, human rights damages, punitive damages, reasonable notice period, short–term disability benefits, termination, Termination clause, Wallace damages, wrongful dismissal, wrongful dismissal damages

Discrimination and a decision on remedies

December 20, 2016 Kevin Sambrano Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, 0

In an application filed under the Human Rights Code of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, Ms. Kohli, had filed an application alleging discrimination in employment on the basis of sex.

anti-discrimination policy, damages, discrimination, discrmination in employment, employment law, employment relationship, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, Kohli v. International Clothiers, remedies for future compliance, reprisal

Just cause termination: Employers need “reasonable basis”

November 30, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 1

The Court acknowledged that an employer may allege just cause, and later abandon that claim at any time. The Court held that it wouldn’t be appropriate to penalize an employer for changing its mind if it initially had a reasonable basis to believe it had just cause to terminate an employee. As such, it is important to investigate and document any evidence of employee misconduct, and to act accordingly.

aggravated damages, bad faith, damages, employment law, Honda v. Keays, just cause, Morison v Ergo-Industrial Seating Systems Inc., punitive damages, termination, wrongful dismissal

Make whole remedies and good faith crucial to mitigation

August 8, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

A recent decision of the BC Court of Appeal provides a cautionary tale for BC employers seeking to remedy a potential wrongful dismissal.

"make whole" remedy, Bhasin v. Hrynew, damages, employment law, employment relationship, good faith, honesty in contractual dealings, layoff, mitigation, offer of employment, offer of re-employment, Potter case, Potter v. New Brunswick Legal Aid Services Commission, recording conversation with employee, termination, wrongful dismissal

Fixed-term fiasco: Employee profits off of termination of term contract #learnthelatest

April 26, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Canadian employees are presumptively entitled to “reasonable notice” of termination. Although this entitlement can be limited to some extent by contract, an employee will generally be entitled to some advance notice of the end of their employment. If advance notice is not given, then the employer can satisfy this obligation by making a payment equivalent to the earnings the employee would have received over the notice period.

#Learnthelatest, 17th Annual Ontario Employment Law Conference, common law, damages, dismissal without cause, employment contract, employment law, ermination of term contract, fixed-term contracts, notice period, notice provision, reasonable notice, termination, wrongful dismissal

Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

March 30, 2016 Kevin Sambrano Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.

74 of Dodds v. 2008573 Injury to Dignity, compensation, damages, discrimination, discrimination on the grounds of sex, Dismissal, duty to accommodate, Employment Insurance (“E.I.”) maternity benefits, employment law, employment relationship, Faryna v. Chorney, feelings and self-respect, Human Rights code of Ontario, Human Rights Legal Support Centre, human rights remedies, human rights training, In ADGA Group Consults Inc. v. Lane, injury to dignity, injury to feelings and self-respect, Kevin Sambrano Human Rights Paralegal Toronto, Maciel vs. Fashion Coiffures, maternity leave, monetary awards, Ontario Human Rights Commission’s (“OHRC”), Ontario Human Rights Tribunal, policies and procedures, pregnancy, prohibited grounds of discrimination, Remedy for Future Compliance, termination, the Human Rights Code, Wage and Benefits Loss