First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

mental distress

This employer’s case had 99 problems – Proving cause was one

A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.

 

, , , , , , , , , , , , , ,

Grievor awarded $5,000 for breach of privacy

An interesting case (Edmonton Police Service v Edmonton Police Association), sends a strong message to employers that it is important to respect employees’ privacy interests.

 

, , , , , , , , , , , , ,

What is the impact of mental health issues on the duty to mitigate

It has often been said that termination from employment is the capital punishment of employment law. While perhaps too extreme an analogy, there is no doubt that termination is an emotionally draining experience. The courts have grappled with the issue of plaintiffs in a wrongful dismissal claim who argue that the emotional upheaval of their dismissal resulted in an inability to look for replacement work for a period of time.

 

, , , , , , , , , , , , , ,

Court rules workers compensation legislation bars civil claim for harassment and bullying

There appears to be a growing trend of employee claims against employers arising from their treatment in the workplace. This can take many forms such as an action for constructive dismissal based on a poisoned workplace, or a demand for bad faith damages as a result of the manner of dismissal, or a claim for damages to compensate for the mental distress caused by harassment or bullying.

 

, , , , , , , , , , , , , , , , , , , , ,

An overview of damages within the context of employment law

A wrongful dismissal lawsuit can be a potential nightmare for companies no matter what size. Lawsuits carry with them complex claims that are often convoluted and difficult to understand for the non-legal specialist. This blog post will offer a brief overview of the parameters of some of the damages which can be claimed within the context of a wrongful dismissal lawsuit.

 

, , , , , , , , , , , , ,

Moral damages: still an unsettled question

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.

 

, , , , , , , , , , , , , , , , , ,

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…

 

, , , , , , , , , , , , , , , , , , ,