mental distress

Wallace Damages has two components

March 23, 2020 Barry B. Fisher LL.B. Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 0

Lawyers often seem to forget this important aspect of Wallace Damages as they tend to focus on the mental distress element of the case. This case shows that it may be much more profitable to focus how the manner of the dismissal adversely affected the plaintiff’s employability.

employment law, mental distress, unjust dismissal claim, Wallace 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

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

Top 10 employment law cases of 2017

December 20, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll

Here is a list of the cases which changed employment law in Canada in 2017 (in no particular order). Note that some of these cases are not yet published on CanLII and therefore, there is no link available.

damages, Dismissal, employment law, inconvenience damages, mental distress, mental health, sexual harassment, termination

$750,000 in moral and punitive damages awarded to employee left to “twist in the wind”

December 15, 2017 Vey Willetts LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines

At almost 100 pages, Galea is a hefty case with many facets not touched upon in the above summary. That said, it marks the latest in a trend of Ontario courts issuing ever higher awards for bad employer conduct in both dismissal and subsequent litigation.

dismissal without cause, employment law, Galea v. Wal-Mart, mental distress, moral and punitive damages, notice and severance payments, termination, wrongful dismissal case

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

This employer’s case had 99 problems – Proving cause was one

March 9, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.

aggravated damage award, bad faith, Disciplinary measures, disobedient, employment contract, employment law, just cause, Labour Law, mental distress, misconduct, progressive discipline, reasonable notice, termination, terminations, wrongful dismissal

Grievor awarded $5,000 for breach of privacy

January 30, 2015 Christina Catenacci HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Union Relations, Wages and Compensation

An interesting case (Edmonton Police Service v Edmonton Police Association), sends a strong message to employers that it is important to respect employees’ privacy interests.

Alberta, Award, Breach of privacy, breach of the employee’s right to privacy, duty to accommodate, Edmonton Police Service, employee assistance program, Employee health and emotional condition, employment law, grievance, investigator, medical condition, mental distress, personal medical information

What is the impact of mental health issues on the duty to mitigate

February 19, 2014 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

It has often been said that termination from employment is the capital punishment of employment law. While perhaps too extreme an analogy, there is no doubt that termination is an emotionally draining experience. The courts have grappled with the issue of plaintiffs in a wrongful dismissal claim who argue that the emotional upheaval of their dismissal resulted in an inability to look for replacement work for a period of time.

actively searching for work, appropriate period of notice, capital punishment, duty to mitigate, employee’s ability to find a replacement job., employee’s emotional distress, employment law, failure to mitigate, Managing Difficult Terminations, mental distress, mental health issues, termination, termination from employment, terminations, wrongful 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

An overview of damages within the context of employment law

March 12, 2012 Matt Lalande, Lalande & Company Lawyers Employment/Labour Standards, Human Resources

A wrongful dismissal lawsuit can be a potential nightmare for companies no matter what size. Lawsuits carry with them complex claims that are often convoluted and difficult to understand for the non-legal specialist. This blog post will offer a brief overview of the parameters of some of the damages which can be claimed within the context of a wrongful dismissal lawsuit.

aggravated damages, bad faith, damages within the context of employment law, employment law, employment standards act, mental distress, payment in lieu of notice, punitive damages, Quantum, reasonable notice, Supreme Court of Canada, termination, terminations, wrongful dismissal

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

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