manner of dismissal

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.

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

Moral damages: still an unsettled question

May 18, 2011 Andrew Taillon Employment/Labour Standards, Human Resources

A recent case out of the Quebec Superior Court Lysecky v. United Parcel Service of Canada Limited 2010 QCCS 5098 is indicative how the question of “moral damages” is still unsettled law.

bad faith during the termination, Civil law, common law, employment law, extension of the notice period, Fox v. Silver Sage Housing Corporation, Honda v. Keays, Lysecky v. United Parcel Service of Canada Limited, manner of dismissal, mental distress, moral damages, notice period, Quebec, Quebec Superior Court, Supreme Court of Canada, terminations, Wallace damages, Wallace v. United Grain Growers, wrongful dismissal

Court of appeal rejects ‘double counting’

September 21, 2010 Earl Altman Employment/Labour Standards, Human Resources

Most employers understand a claim for damages for wrongful dismissal as arising from the termination of an employee’s employment without adequate cause or notice. It can be argued that this in fact reflects a misconception of the nature of the employment contract. Except in certain limited cases of federally regulated companies,…

Alberta Court of Appeal, British Columbia Court of Appeal, canadian employment law, compensation for losses, damages for wrongful dismissal, employment contract, employment law, federally regulated companies, indentured, Keays v. Honda, manner of dismissal, Notice of termination, notice period, reasonable notice, Soost v. Merrill Lynch Canada, Supreme Court of Canada, tenure, terminate employment without any reason, termination, working notice

The importance of notice and manner of dismissal

January 22, 2010 Christina Catenacci Employment/Labour Standards, Human Resources

I recently read an Alberta case where a financial consultant, a top performer, was terminated without notice. The court found he was wrongfully dismissed and terminated in an insensitive manner; this error in judgment cost the employer $2.2 million in damages.

Alberta, Alberta employment standards act, canadian employment law, common law notice, employment standards act, manner of dismissal, reasonable notice, respectful termination, sensitive termination, severance, statutory notice, termination notice, termination without cause, wrongful dismissal