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wrongful dismissal case

Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal

A 62 year old Mississauga teacher with 10 years of service experienced the joy of winning a huge damage award in the face of allegations of just cause at trial only to have the trial decision squarely overruled by a majority of the Ontario Court of Appeal with significant cost consequences to account for. While the Ontario Court of Appeal often gives Trial Judges significant deference in their decisions, the Court of Appeal found that the Trial Judge misapplied the facts to the proper law on just cause dismissal and overruled the entire decision and awarded the employer significant costs on both the trial and appeal.

 

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Damage awards for sexual harassment/sexual assault on the rise

Last month, I wrote about a vulnerable, low paid employee who obtained $150,000 from her former employer by filing a complaint under the Ontario Human Rights Code. This month, I am writing about a vulnerable, low paid employee who obtained $300,000 from her former employer using Ontario’s court system.

 

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The gloves come off: Sky high damages in human rights cases

Human Rights Tribunals across the country have been issuing damage awards which have raised the eyebrows of the employer community. In a number of recent cases, employees have been awarded record setting damages. In many of these cases, these damages have greatly exceeded what a Court would be prepared to award in a wrongful dismissal cases.

 

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