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Posts Tagged ‘damages’

Dealing with stock options on dismissal

Tuesday, May 31st, 2011

A recent Ontario Court of Appeal decision dealt with a number of issues arising from the dismissal without cause or notice of a Senior Vice President of an investment company. One of the more difficult issues addressed at trial, and considered by the Court of Appeal, was the trigger date for the right of the employer to re-purchase the employee’s two percent interest in the company.

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Tags: Bardahl v. The Globe & Mail, Benefits, case law, Court of Appeal, damages, determination of reasonable notice, dismissal without cause, employment contract, employment law, length of service, longer notice period, notice period, pay in lieu of notice, reasonable notice, right of the employer to re-purchase the employee’s interest in the company, stock grant, stock options, stock options on dismissal, termination
Posted in Employment Standards, Human Resources | Make a Comment »

Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim

Tuesday, September 7th, 2010

The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.

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Tags: bad faith in the matter of the dismissal, constructive dismissal, damages, discipline, Dismissal, employer code of conduct, employment law, intentional infliction of mental suffering, Ontario Court of Appeal, performance review, personal liability on a manager, terminations, tort liability, tort of negligence in the employment context, torts of battery, vicarious liability, vicariously liable, wrongful dismissal, Wrongful dismissal claims
Posted in Employment Standards, Human Resources | Make a Comment »

Fifth worker involved in scaffolding incident sues for damages

Friday, August 27th, 2010

Last week, I wrote about the incident in which five migrant workers fell 13 storeys when a platform collapsed on Christmas Eve, 2009. Four died instantly, but one survived. This fifth worker, who suffered grave injuries, has now launched a civil suit for damages.

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Tags: accident, Bill C-45, civil suit, criminal code, damages, employment, employment law, health and safety, migrant workers, Ministry of Labour, occupational health and safety act, ontario, platform, scaffold, scaffolding incident
Posted in Health and Safety, Human Resources | Make a Comment »

Slaw.ca: Court limits liability for mental suffering

Wednesday, July 7th, 2010

In December 2008, the Ontario Superior Court of Justice awarded Marta Piresferreira, a former employee of Bell Mobility Inc., more than $500,000 in damages arising from an assault at the hands of her supervisor. The Court found the company and supervisor jointly liable for Piresferreira’s damages. Then in May of this year, the Court of Appeal reversed the lower court decision.

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Tags: constructive dismissal, contract law, damages, emotional distress, employment contract, employment law, in the course of employment, law of tort, negligent infliction of mental suffering, ontario, Piresferreira v. Ayotte, termination, tort, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

Arbitrator rules against GTAA in favour of employee

Tuesday, June 1st, 2010

“Employees are not like tissues to be used up and then thrown out at a whim into a bin of low-level employment or unemployment.” The arbitrator in a recent case concluded that the Greater Toronto Airports Authority’s conduct in terminating a disabled employee was a violation of its collective agreement…

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Tags: bad faith damages, Canada Labour Relations Act, canadian employment law, damages, discipline, Dismissal, employee return to work, employee surveillance, employment law, Federal Labour Relations Board, general damages, leave of absence, mental distress, punitive damages, sick-leave benefits, termination, Wallace damages, workplace investigation, wrongful dismissal, wrongful dismissal claim
Posted in Employment Standards, Human Resources | Make a Comment »

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      CommentAndrew Taillon:
      Thanks Chris. I would suggest that the confusion arises from the way damages were...

      CommentChris Davidson:
      I am a bit confused on the terminology you’re using. It has been my...

      CommentLiChing Ooi:
      Suzanne, another timely post on this standard. My question is, there are...



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