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general damages

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a new type of damage that was awarded against an employer after workplace harassment was proven, a case in which expert evidence was not needed to claim damages for mental injury, and the public hearings on Bill 148, Fair Workplaces, Better Jobs Act.

 

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

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.

 

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3 tax tips for employers: Negotiating a settlement

Given the majority of legal disputes that settle before going to trial, the role of a modern civil litigator has shifted from not only being a courtroom specialist, but also being an expert in negotiation. The main goal in almost all negotiations for an employee is to extract a large payout, while the goal for the employer is to settle the claim while paying out as little as possible. Though lawyers use different techniques for extracting these results for their clients, I wanted to share three simple tips that are often overlooked when employers are negotiating a settlement.

 

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Sending a signal to harassment perpetrators and employers alike

Ontario courts are rightly increasing their protection of employees from harassment and assault in the workplace. This case serves as a strong deterrent to employers and employees who do not comprehend or acknowledge the severe implications of their actions.

 

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Allocation of settlement funds in wrongful dismissal – between taxable and tax exempt

Damages for wrongful dismissal are intended primarily to compensate the dismissed employee for income lost due to the dismissal. As such, the amount of such compensation, whether as a result of a settlement or a judgment by the court is, prima facie, taxable.

 

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Arbitrator rules against GTAA in favour of employee

“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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