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aggravated damages

By McCarthy Tétrault LLP | 3 Minutes Read February 9, 2018

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

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.

Article by McCarthy Tétrault LLP / Employee Relations, Health and Safety, Payroll / aggravated damages, Dismissal, employment agreements, employment law, medical evidence, mental health, psychological distress, termination

By Doug MacLeod, MacLeod Law Firm | 3 Minutes Read June 13, 2017

OHSA in wonderland: Through the looking glass

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.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards, Health and Safety, Payroll, Union Relations / 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

By Sara Forte | 2 Minutes Read March 20, 2017

Fast food firing leads to aggravated damages

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.

Article by Sara Forte / Employee Relations, Employment Standards, Payroll / aggravated damages, Dismissal, employment law, just cause, notice period, termination, wrongful dismissal

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