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civil claim

By Barry B. Fisher LL.B. | 2 Minutes Read April 17, 2023

You don’t get two kicks on the same facts says the HRTO

In Almseideen v. McKesson Canada, 2023 HRTO 255, Adjudicator Cherniak had a situation where an applicant had filed a HRTO complaint claiming that he was terminated in breach of the Code and also filed a civil wrongful dismissal action which claimed wrongful dismissal damages due to the the failure to receive proper notice.

Article by Barry B. Fisher LL.B. / Human Rights / civil claim, civil wrongful dismissal action, employment law, human rights, termination, wrongful dismissal Leave a Comment

By Alison J. Bird | 3 Minutes Read November 12, 2013

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

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.

Article by Alison J. Bird / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll / Alberta, Alberta Court of Queen's Bench, bad faith damages, canadian employment law, civil claim, co-workers’ demeaning and harassing conduct, constructive dismissal, employee claims against employers arising from their treatment in the workplace, employment law, harassment and bullying, in the course of employment, legal principles, loss of income, manner of dismissal, mental anguish caused or aggravated a series of physical ailments which resulted in inability to work, mental distress, pain and suffering, poisoned work environment, poisoned workplace, traumatic stress, Workers Compensation Act, workers compensation legislation

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