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Posts Tagged ‘punitive damages’

LTD claims by dismissed employees

Thursday, April 7th, 2011

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…

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Tags: 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
Posted in Benefits, Employment Standards, Human Resources, Payroll | Make a Comment »

Employee was tricked into training his replacement before being terminated

Friday, December 3rd, 2010

In a recent post, I discussed an example of the employer doing the right thing. Unfortunately, today’s story is an example of the employer doing the wrong thing.

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Tags: award of aggravated damages, canadian employment law, employment law, probationary period, punitive damages, reference letter, termination for just cause, termination notice, termination without notice, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

Update on damages arising out of bad faith in the course of dismissal: Soost v. Merrill Lynch Canada Inc.

Wednesday, September 1st, 2010

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.

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Tags: 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
Posted in Employment Standards, Human Resources | 1 Comment »

Arbitrator rules against GTAA in favour of employee

Tuesday, June 1st, 2010

“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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Tags: bad faith damages, Canada Labour Relations Act, canadian employment law, damages, discipline, Dismissal, employee return to work, employee surveillance, employment law, Federal Labour Relations Board, general damages, leave of absence, mental distress, punitive damages, sick-leave benefits, termination, Wallace damages, workplace investigation, wrongful dismissal, wrongful dismissal claim
Posted in Employment Standards, Human Resources | Make a Comment »

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