general damages

Court of Appeal says: No tort of harassment in Ontario

March 19, 2019 Devan Marr Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 0

In a unanimous decision, the Ontario Court of Appeal has ruled that there is no tort of harassment in Ontario. In Merrifield v. Canada (Attorney General), the Court overturned the trial decision which had found that the tort did exist.

employment law, general damages, mental distress

The double “financial” jeopardy of HRTO damages against the employer

May 22, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

An employer named in a Human Rights Tribunal of Ontario Application, if decided against, may be responsible for both wage loss and most likely general damages.

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Three popular articles this week on HRinfodesk

July 27, 2017 Cristina Lavecchia Announcements and Administration, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

The three popular articles this week on HRinfodesk deal with: a new type of damage that was awarded against an employer after workplace harassment was proven, a case in which expert evidence was not needed to claim damages for mental injury, and the public hearings on Bill 148, Fair Workplaces, Better Jobs Act.

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Bad facts make bad law (for employers): Court recognizes new tort of harassment #learnthelatest

June 13, 2017 Stringer LLP Conferences, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

Learn the Latest at the Ontario Employment Law Conference

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court. To find out more about how the new tort of harassment in the employment law context, register to Learn the Latest® at the Ontario Employment Law Conference on June 20, 2017.

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3 tax tips for employers: Negotiating a settlement

February 24, 2017 Rubin Thomlinson 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

Given the majority of legal disputes that settle before going to trial, the role of a modern civil litigator has shifted from not only being a courtroom specialist, but also being an expert in negotiation. The main goal in almost all negotiations for an employee is to extract a large payout, while the goal for the employer is to settle the claim while paying out as little as possible. Though lawyers use different techniques for extracting these results for their clients, I wanted to share three simple tips that are often overlooked when employers are negotiating a settlement.

canada pension plan, CCP, Dismissal, EI, Employment Insurance, employment law, general damages, negotiating a settlement, Notice of Debt, settlement, settlement funds, terms of settlement, wrongful dismissal, wrongful dismissal damages

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

Allocation of settlement funds in wrongful dismissal – between taxable and tax exempt

October 23, 2012 Earl Altman Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

Damages for wrongful dismissal are intended primarily to compensate the dismissed employee for income lost due to the dismissal. As such, the amount of such compensation, whether as a result of a settlement or a judgment by the court is, prima facie, taxable.

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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…

bad faith damages, Canada Labour Relations Act, canadian employment law, damages, discipline, Dismissal, employee return to work, employee surveillance, employment law, Federal Labour Relations Board, general damages, leave of absence, mental distress, punitive damages, sick-leave benefits, termination, Wallace damages, workplace investigation, wrongful dismissal, wrongful dismissal claim