First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

worker terminated

Ontario Court of Appeal upholds award of $60,000 in moral damages

In a recent case, the Ontario Court of Appeal upheld a substantial award of moral damages to an employee subjected to long–term sexual harassment, after she made a formal complaint to her manager.

 

, , , , ,

Using summary trials in a wrongful dismissal action

The high costs of litigation and the long delays to have a matter heard in court have raised serious concerns with respect to access to justice in Canada. This challenge can be felt particularly acutely with somebody who has recently been wrongfully dismissed from their employment. While the common law may tell us that a terminated employee may be entitled to receive several more months compensation for their termination than what their employer is offering, often the high cost of litigation require the worker to accept less than they deserve. The high costs of litigation and the long delays to have a matter heard in court have raised serious concerns with respect to access to justice in Canada. This challenge can be felt particularly acutely with somebody who has recently been wrongfully dismissed from their employment. While the common law may tell us that a terminated employee may be entitled to receive several more months compensation for their termination than what their employer is offering, often the high cost of litigation require the worker to accept less than they deserve. But what if someone can have their day in court without the time and expense of trial and discoveries? In many wrongful dismissal cases, a summary judgment application may provide just that.

 

, , , , , , , , , , ,