bad faith damages

Not a litigation tactic: The dangers of unfounded allegations of just cause for dismissal

January 4, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

The vast majority of employment relationships can be terminated at any time so long as the employer provides appropriate notice or pay in lieu of notice.

bad faith allegations, bad faith damages, bad faith dismissal, employment law, just cause

Off-duty drunk driving not just cause for termination – Even for a firefighter

June 27, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

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Talking damages: Put your money where your mouth is

August 4, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

When it comes to human rights cases, awards for general damages are often less than $10,000, even though the $10,000 cap on general damages was removed almost a decade ago.

bad faith damages, bad faith termination, damages, Doyle v. Zochem Inc, employment law, harassment, human rights code, Keays v. Honda Canada Inc, moral damages, punitive damages, sexual harassment, termination

Court rules workers compensation legislation bars civil claim for harassment and bullying

November 12, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

There appears to be a growing trend of employee claims against employers arising from their treatment in the workplace. This can take many forms such as an action for constructive dismissal based on a poisoned workplace, or a demand for bad faith damages as a result of the manner of dismissal, or a claim for damages to compensate for the mental distress caused by harassment or bullying.

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When will an employer be liable for bad faith damages?

January 14, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

Since the Supreme Court of Canada’s decision in Honda v. Keays, dismissed employees have increasingly sought bad faith damages in severance negotiations and wrongful dismissal actions. A key issue in these claims is whether the employer’s conduct was sufficiently egregious to justify these damages. The courts are clear that not every perceived offence or instance of misconduct will give rise to a finding of bad faith.

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

September 1, 2010 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources

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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Arbitrator rules against GTAA in favour of employee

June 1, 2010 Earl Altman Employment/Labour Standards, Human Resources

“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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