aggravated damages

Doug’s top 5 employment law stories of 2019

December 10, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

We have started the last month of 2019 and it is time for my annual top employment law stories of the year. 2019 has been a relatively good news year for Ontario employers.

aggravated damages, employment law, Just cause termination, reasonable notice period at common law, termination clauses, variable compensation

Three popular articles this week on HRinfodesk

September 26, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Training and Development, 0

The three popular articles this week on HRinfodesk deal with 2020 EI premium rate and maximum insurable earnings, bad faith terminations and aggravated damages.

2020 employment insurance premium rate, aggravated damages, bad faith termination, bullying, employment law, maximum insurable earnings

Aggravated damages are aggravating employers

July 9, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

aggravated damages, duty of good faith, good faith, Good faith in the manner of dismissal, termination, termination in good faith, wrongful dismissal

“Cowboy” employer ordered to pay aggravated damages for bad faith termination

October 17, 2018 De Bousquet PC Barristers and Solicitors Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll

In a recent case titled Lalonde v. Sena Solid Waste Holdings Inc. 2017 ABQB 374, the Alberta Court of Queen’s Bench considered whether failing to hear an employee’s side of the story before dismissing him for cause could increase an employer’s liability.

aggravated damages, bad faith termination, Employer liability, employment law, wrongful dismissal

BC Supreme Court awards aggravated damages in the absence of medical evidence

February 9, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll

The decisions in Ensign and Karmel demonstrate the risk of liability for failing to be honest and forthright in the manner of termination of an employee’s employment. Employers would be well-advised to be conservative in assessing whether they have cause, assessing reasonable notice periods, carrying out the termination and avoiding bad faith and/or misrepresentation.

aggravated damages, Dismissal, employment agreements, employment law, medical evidence, mental health, psychological distress, termination

OHSA in wonderland: Through the looking glass

June 13, 2017 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.

aggravated damages, damages, disciplining an employee, employment law, health and safety complaints, lost wages, occupational health and safety act, OHSA, reinstatement, termination, workplace harassment, wrongful dismissal, wrongful dismissal damages

Fast food firing leads to aggravated damages

March 20, 2017 Sara Forte Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

A recent BC Supreme Court decision finding a fast food employee was wrongfully dismissed and entitled to aggravated damages has been making newspaper headlines across the country. Ms. Ram had worked as a cook in various Burger King locations for 24 years, and was terminated for just cause after taking home a fish sandwich, fries and a drink at the end of her shift without paying for them. Ms. Ram’s claim was heard over a seven day trial, resulting in a lengthy decision.

aggravated damages, Dismissal, employment law, just cause, notice period, termination, wrongful dismissal

Just cause termination: Employers need “reasonable basis”

November 30, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The Court acknowledged that an employer may allege just cause, and later abandon that claim at any time. The Court held that it wouldn’t be appropriate to penalize an employer for changing its mind if it initially had a reasonable basis to believe it had just cause to terminate an employee. As such, it is important to investigate and document any evidence of employee misconduct, and to act accordingly.

aggravated damages, bad faith, damages, employment law, Honda v. Keays, just cause, Morison v Ergo-Industrial Seating Systems Inc., punitive damages, termination, wrongful dismissal

Sending a signal to harassment perpetrators and employers alike

July 28, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Recruiting and Hiring, Training and Development, Union Relations

Ontario courts are rightly increasing their protection of employees from harassment and assault in the workplace. This case serves as a strong deterrent to employers and employees who do not comprehend or acknowledge the severe implications of their actions.

aggravated damages, assault in the workplace, employee protection, employment law, Employment termination, Family Law Act, general damages, human rights code, Occupiers’ Liability Act, punitive damages, racial harassment, sexual assault, sexual harassment, workplace harassment, wrongful dismissal

Don’t make promises you can’t keep (even inadvertent ones) – a good lesson for all BC employers

June 28, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

The recent decision of the BC Supreme Court in Feldstein v. 364 Northern Development Corporation provides a cautionary tale for well-meaning employers seeking to provide compensation and benefits package details to candidates during the interview process.

aggravated damages, Benefits plans, benefits provider, compensation and benefits package, Duty of care, employee benefits, employment contract, employment law, interview process, Long-term disability, LTD benefits, termination, terminations, terms and conditions of employment, written agreement

Court finds that employer telling employee to “get out” constitutes dismissal

March 3, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Termination of an employment relationship can come in many forms; some apparent and some not so. In the latter case, it often falls to a court to determine whether an employer’s actions constitute dismissal or constructive dismissal. This was the issue faced by Justice Lack in the recent decision of Sweeting v Mok.

aggravated damages, constructive dismissal, Dismissal, employment law, medical evidence, period of reasonable notice, punitive damages, termination, wrongful dismissal claim

Terminated: (Summary) judgment day

December 15, 2015 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

When the T-1000 came from the future to destroy John Connor, Arnie made sure he was stopped in his tracks. While employers who have to date relied upon prohibitive time and costs to deter ex-employee claims might not face the wrath that Skynet did, given the recent decision of Cloutier v. Q Residential LP Corp (Cloutier), 2015 ONSC 4431 (CanLII), a rethinking of such approaches may be required.

aggravated damages, constructive dismissal, dismissal cases, employment law, managerial employee, summary judgment, termination, terminations

Damage awards for sexual harassment/sexual assault on the rise

August 11, 2015 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

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.

aggravated damages, damage awards, employment law, future lost income, human rights code, no-discrimination policy, pay in lieu of reasonable notice, punitive damages, sexual assault, sexual harassment, Supreme Court of Canada, violation of the Code, wrongful dismissal case

An overview of damages within the context of employment law

March 12, 2012 Matt Lalande, Lalande & Company Lawyers Employment/Labour Standards, Human Resources

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.

aggravated damages, bad faith, damages within the context of employment law, employment law, employment standards act, mental distress, payment in lieu of notice, punitive damages, Quantum, reasonable notice, Supreme Court of Canada, termination, terminations, wrongful dismissal