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human rights damages

Wrongful dismissal update: More kinds of damages being ordered

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.

 

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It takes two to tango: Superior Court rules on employees’ duty to facilitate in the accommodation process

Employers have a duty to accommodate employees with disabilities to the point of undue hardship, including facilitating the return to work of employees who require disability-related accommodation. An important aspect of this duty is procedural, i.e. the steps taken to search for a reasonable accommodation. Even if an employer ultimately cannot accommodate without undue hardship, failure to engage in the procedural aspect of the duty to accommodate is a violation of the Human Rights Code.

 

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Disabled employee earning $22,000 per year awarded $110,000 damages

Many employees now claim more than one type of legal damages in a wrongful dismissal case. This is particularly the case when the employee is disabled. The following case is a good example.

 

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Superior Court applies the “Johnstone test” for family status discrimination in wrongful dismissal action

We have written before on the decision of the Federal Court of Appeal in Johnstone v Canada (Border Services), which helpfully crafted a clear and balanced test for family status discrimination in the context of childcare (the “Johnstone test”). The Ontario Superior Court has released the first reported decision in Ontario to apply the “Johnstone test” in the context of a wrongful dismissal action.

 

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Failure to mitigate reduces damages in Human Rights claim

In the wake of the Divisional Court’s decision in the Hamilton-Wentworth District School Board v Fair, human rights damages have been a hot topic. As you may recall, the Human Rights Tribunal of Ontario awarded significant damages in that decision which included an award of back pay for a period of approximately 10 years.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the final updates on the 2014 compensation forecasts; the impact of a 2008 amendment to the Ontario Human Rights Code resulting in the first award from an Ontario court for human rights damages in a wrongful dismissal case; and how a fight instigator was terminated and others involved let off.

 

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