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Posts Tagged ‘Honda v. Keays’

The debate over moral damages continues

Friday, January 20th, 2012

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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Tags: bad faith, bad faith dismissals, bad faith termination, Canada (Attorney General) v. Tipple (2011), Douglas Tipple, employment law, grievance, Honda damages, Honda v. Keays, mental health effects, misleading and unduly insensitive, moral damages, psychological injury, reprisal, termination, workplace investigations
Posted in Employee Relations, Employment Standards, Human Resources | 2 Comments »

Sick days or personal days?

Thursday, November 3rd, 2011

Employers are often at a loss as to how to ensure employees who take sick days are really sick and not simply abusing the system. They are often scared to ask for doctor’s notes, but also scared that if they don’t, the abuse will become rampant. I often encourage employers to consider abandoning the notion of sick days altogether, and simply provide a fixed number of “personal days”, which eliminates the implicit or explicit requirement that an individual be sick in order to have time off.

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Tags: Absenteeism, abusing sick days, act of bad faith, Disability, discrimination, doctor's note, duty to accommodate, employment law, Honda v. Keays, managing absenteeism, personal days, policies and procedures, sick days, sick leave policy, time off to take care of personal responsibilities, vacation
Posted in Employee Relations, Employment Standards, Health and Safety, Human Resources, Privacy and Security | 3 Comments »

Honda damages continue to be moving target

Wednesday, June 15th, 2011

A recent case from the Alberta Court of Appeal suggests that Honda damages, previously known as Wallace damages, are becoming less of a threat for employers in wrongful dismissal suits.

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Tags: Alberta Court of Appeal, award of aggravated damages, bad faith behaviour, bad faith dismissal, Elgert v. Home Hardware Stores, employment law, extension of the notice period, Hadley v. Baxendale, Honda damages, Honda v. Keays, manner in which the termination was carried out, misconduct, moral damages, notice period, risk of damages, Supreme Court of Canada, terminations, Wallace damanges, Wallace v. United Grain Growers, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

Moral damages: still an unsettled question

Wednesday, May 18th, 2011

A recent case out of the Quebec Superior Court Lysecky v. United Parcel Service of Canada Limited 2010 QCCS 5098 is indicative how the question of “moral damages” is still unsettled law.

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Tags: bad faith during the termination, Civil law, common law, employment law, extension of the notice period, Fox v. Silver Sage Housing Corporation, Honda v. Keays, Lysecky v. United Parcel Service of Canada Limited, manner of dismissal, mental distress, moral damages, notice period, Quebec, Quebec Superior Court, Supreme Court of Canada, terminations, Wallace damages, Wallace v. United Grain Growers, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

Dealing with a disability leave

Friday, May 14th, 2010

What can an employer do when an employee has been off work for a significant period of time due to a disability (illness or injury)? How long must the employee remain employed with the employer under human rights law? These are questions often asked by employers and human resources professionals.

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Tags: Absenteeism, accommodating a disability, accommodation, chronic absence, Disability, disability leave, disability management, duty to accommodate, frustration of contract, Honda v. Keays, human rights, point of undue hardship, terminating a disabled employee, termination, undue hardhsip
Posted in Human Resources, Human Rights | Make a Comment »

Employment law update – Learn the latest!

Wednesday, May 12th, 2010

This year’s Ontario Employment Law Conference co-sponsored by First Reference and Stringer Brisbin Humphrey on June 2, 2010, will touch on several topics of importance to employers. The first topic on the Agenda will provide employers with guidance on a significant court decision and changes in court procedures affecting the termination process. Specifically it should help employers minimize claims arising from the termination process.

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Tags: Canada, Conference, employment law, Employment law conference, First reference, Honda v. Keays, Human Resources, ontario, Ontario Rules of Civil Procedure, Small claims, Stringer Brisbin Humphrey, termination, Termination process, Wallace damages
Posted in Conferences, Human Resources, Payroll | Make a Comment »

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      I agree with the court decision. Granting a full 52 weeks leave for an adoptive...

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      While there are many factors associated with depression, a main cause is the...

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



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