A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.
Since 2008 the Ontario Human Rights Tribunal has had the power to order an employer to pay unlimited general damages to an employee for discriminating against the employee. In short, general damages or discrimination damages are the price an employer must pay for injuring the dignity, feelings, and self-respect of an employee.
Just in case employers needed yet another reason to be careful to ensure that employees in their workplaces treat one another with respect and avoid a “locker room mentality”, the Ontario Human Rights Tribunal has provided one. In Lombardi v. Walton Enterprises, (2012) HRTO 1675 the Tribunal found a corporate employer and Assistant Manager jointly and severally liable for homophobic slurs directed at an employee.
Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.