bad faith termination

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

Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

June 4, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

bad faith termination, Dismissal, duty of good faith, employment law, planned layoff, punitive damages, termination

“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

Right to terminate BUT in good faith

July 6, 2018 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

The decision in this case confirms that termination clauses will not be voided where there is no good reason to do so.

bad faith termination, employment law, terminate in good faith, termination, termination in good faith

Bad faith dismissals: is medical evidence required to prove damages?

October 13, 2017 Vey Willetts LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll

The question of whether medical evidence is required to prove damages in bad faith dismissals is one that courts across Canada have struggled with for some time. Welcome guidance was provided by the Supreme Court of Canada this past summer.

bad faith dismissals, bad faith termination, employment law, Lau v. Royal Bank of Canada, medical evidence, mental distress, Saadati v. Moorhead, termination

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

The damages formerly known as Wallace – Are they still relevant?

July 7, 2017 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

It has been about eight years since the Supreme Court of Canada decision in Honda Canada v Keays, which dramatically altered the law with respect to damages relating to bad faith conduct in the course of dismissal. Is the topic still relevant? A recent Ontario decision confirms that it is.

bad faith, bad faith dismissal, bad faith termination, damages, damages arising out of bad faith, damages arising out of the manner of dismissal, Dismissal, duty to act in good faith, employment law, employment relationship, Keays v. Honda Canada Inc, Mulvihill v. Ottawa (City), notice period, Supreme Court of Canada, termination, terminations, The Damages Formerly Known as Wallace, Wallace damages, Wallace v. United Grain Growers

Can employers publicize terminations via social media? Dallas’ police chief says yes

January 10, 2014 Adam Gorley Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources

In the name of transparency and building public confidence in the local police force, Dallas police chief David O. Brown has begun posting announcements of staff terminations and demotions on the social networking services Twitter and Facebook. Chief Brown is surely blazing a trail with the controversial practice, but it remains to be seen whether others will follow—or if it’s even legal…

access to information, bad faith, bad faith dismissal, bad faith in the employer's conduct, bad faith in the matter of the dismissal, bad faith termination, compliance with privacy legislation, consent, Dallas, Dallas police chief, David O. Brown, discipline, discipline for misconduct, disclosure controls and procedures, disclosure of personal information, employee discipline, Employee privacy rights, Employee records, employee’s consent, employment law, facebook, Facebook firing, financial crisis, fraud, freedom of information request, improper disclosure of confidential information, personal information, police, police chief, police misconduct, privacy, privacy legislation, Private sector, public confidence, public disclosure, public sector, public trust, radical transparency, recession, reputation, right to privacy, termination, to serve and protect, transparency, twitter

Misconceptions of a probationary period can expose employer to liability

April 5, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources

Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.

90 day probationary period, bad faith termination, Cao v. SBLR LLP, Certified General Accountant designation, common-law requirement of reasonable notice, contractual obligation, employment contract, employment law, enforceable contractual provision, fitness for the position, liability, notice of dismissal, offer letter, one month of employment, Ontario Small Claims Court, pay in lieu of notice, performance review, probation, probationary period, record of employment, rights and obligations, termination notice, termination with cause, termination without cause

The debate over moral damages continues

January 20, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources

Since Honda v. Keays, employment law and human resources practitioners have been watching how the law regarding bad faith dismissals has developed, in particular, the assessment of moral damages. A recently published decision has added some clarity to the moral damages question. The case, Canada (Attorney General) v. Tipple (2011) dealt with the well known case of Douglas Tipple.

bad faith, bad faith dismissals, bad faith termination, Canada (Attorney General) v. Tipple (2011), Douglas Tipple, employment law, grievance, Honda damages, Honda v. Keays, mental health effects, misleading and unduly insensitive, moral damages, psychological injury, reprisal, termination, workplace investigations

A very expensive case of bad-faith termination and sick pay fraud

April 30, 2010 Christina Catenacci Employment/Labour Standards, Human Resources

I recently read an interesting case about sick pay fraud and bad-faith termination. After reading the employer’s version of what happened, I was pretty convinced…

absence, arbitration, bad faith termination, Canada, collective agreement, disability management, dishonesty, employee fraud, employee surveillance, employment law, evidence, fraud, injury, lie, ontario, sick leave, sick pay, termination, video surveillance, workplace surveillance, wrongful dismissal