moral damages
January 20, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources
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.
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
June 15, 2011 Andrew Taillon Employment/Labour Standards, Human Resources
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.
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
May 18, 2011 Andrew Taillon Employment/Labour Standards, Human Resources
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.
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
April 7, 2011 Stuart Rudner Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits
Employers that dismiss employees without cause, and without ensuring that they take steps to preclude all potential claims, can face significant liability beyond the “typical” wrongful dismissal damages. The recent decision of Mr. Justice Echlin of the Ontario Superior Court of Justice in Brito v. Canac Kitchens is an example of the type of situation employer’s dread. In that case…
common law notice, contractual agreement, damages for lost disability benefits, Disability benefits, employment contract, employment law, lengthy notice period, liability, Long-term disability, LTD, minimum notice, moral damages, notice of dismissal, post employment benefits, punitive damages, salary and benefit continuance, severance, termination, termination without cause, wrongful dismissal
September 1, 2010 Stuart Rudner Employment/Labour Standards, Human Resources
The Court of Appeal in Alberta has just ruled that there was no basis to award “The Damages Formerly Known as Wallace” in Soost v. Merrill Lynch Canada Inc., dramatically reducing the value of the award.
bad faith, bad faith damages, canadian employment law, Court of Appeal in Alberta, damages arising out of bad faith in the course of dismissal, Dismissal, employment law, Honda Canada Inc. v Keays, just cause for dismissal, moral damages, punitive damages, Soost v. Merrill Lynch Canada Inc., terminations, The Damages Formerly Known as Wallace, Wallace damages, wrongful dismissal, wrongful dismissal claim
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