moral damages

Wal-Mart employee awarded $250,000 in moral damages and $500,000 in punitive damages

February 13, 2018 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

Wal-Mart was found to have breached its duty as it was trying to find a new position for Ms. Galea. I don’t know if this case will turn out to be an outlier, but in the meantime employers should be very careful when dealing with an employee who is between jobs within the organization.

damages, employment law, Galea v. Wal-Mart, moral damages, punitive damages, termination, termination without cause, termination without notice, wrongful dismissal

Talking damages: Put your money where your mouth is

August 4, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

When it comes to human rights cases, awards for general damages are often less than $10,000, even though the $10,000 cap on general damages was removed almost a decade ago.

bad faith damages, bad faith termination, damages, Doyle v. Zochem Inc, employment law, harassment, human rights code, Keays v. Honda Canada Inc, moral damages, punitive damages, sexual harassment, termination

$85,000.00 human rights award against employer in sexual harassment case upheld on appeal

July 31, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

In a recent case titled Doyle v. Zochem Inc., the Ontario Court of Appeal upheld a decision to award both moral damages and damages pursuant to the Human Rights Code without subtracting one from the other. This case serves as an example of how serious our Canadian Courts are now treating sexual harassment in the workplace.

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Three popular articles this week on HRinfodesk

April 20, 2017 Cristina Lavecchia Employee Relations, 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

The three popular articles this week on HRinfodesk deal with: whether an amount paid to a taxpayer on retirement qualifies as a retiring allowance; whether criminal charges alone for off-duty conduct is enough for just cause dismissal; when moral damages are to be awarded in a wrongful dismissal case.

employment law, just cause dismissal, moral damages, off-duty conduct, retirement, retiring allowance, wrongful dismissal

Ontario Court of Appeal upholds award of $60,000 in moral damages

March 10, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, 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

In a recent case, the Ontario Court of Appeal upheld a substantial award of moral damages to an employee subjected to long–term sexual harassment, after she made a formal complaint to her manager.

employee terminated, employment law, harassment complaint, moral damages, sexual harassment, worker terminated

Good faith: Vital at all contractual stages

November 4, 2015 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

In Meloche c. Structures Lamerain inc., the Court of Appeal recently upheld the Superior Court’s decision to award moral damages, in addition to an award for pay in lieu of notice of termination of employment, to two employees who were dismissed in an abusive manner.

dismissed in an abusive manner, employment law, good faith obligations, moral damages, Notice of termination, pay in lieu of notice of termination, punitive damages, termination, termination of employment

Punitive damages: Court of Appeal of Quebec reduces damages payable by an employer following a constructive dismissal

September 24, 2014 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

On July 7, 2014, the majority of the Quebec Court of Appeal allowed an appeal from a judgment of the Superior Court that had ordered the employer to pay an amount of $1,086,767 due to a constructive dismissal, to reduce the amount of the damages awarded to $709,488.

Charter of Human Rights and Freedoms, common law notice, constructive dismissal, demoted, demotion, discrimination, Dismissal, employee had suffered harassment, employee's illness, employment law, Kseniya Veretelnik, moral damages, non-pecuniary damages, notice period, punitive damages, Quebec Court of Appeal, sick leave, Stikeman Elliott LLP, termination, terminations, without cause

Special damages in wrongful dismissal cases: The Appeal and Trial Courts are like two ships passing in the night

August 19, 2013 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

Wrongful dismissal occurs when an employer does not provide an employee with adequate notice of termination. Wrongful dismissal cases result in two main types of damages:

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The debate over moral damages continues

January 20, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources

Since Honda v. Keays, employment law and human resources practitioners have been watching how the law regarding bad faith dismissals has developed, in particular, the assessment of moral damages. A recently published decision has added some clarity to the moral damages question. The case, Canada (Attorney General) v. Tipple (2011) dealt with the well known case of Douglas Tipple.

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Honda damages continue to be moving target

June 15, 2011 Andrew Taillon Employment/Labour Standards, Human Resources

A recent case from the Alberta Court of Appeal suggests that Honda damages, previously known as Wallace damages, are becoming less of a threat for employers in wrongful dismissal suits.

Alberta Court of Appeal, award of aggravated damages, bad faith behaviour, bad faith dismissal, Elgert v. Home Hardware Stores, employment law, extension of the notice period, Hadley v. Baxendale, Honda damages, Honda v. Keays, manner in which the termination was carried out, misconduct, moral damages, notice period, risk of damages, Supreme Court of Canada, terminations, Wallace damanges, Wallace v. United Grain Growers, 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

LTD claims by dismissed employees

April 7, 2011 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits

Employers that dismiss employees without cause, and without ensuring that they take steps to preclude all potential claims, can face significant liability beyond the “typical” wrongful dismissal damages. The recent decision of Mr. Justice Echlin of the Ontario Superior Court of Justice in Brito v. Canac Kitchens is an example of the type of situation employer’s dread. In that case…

common law notice, contractual agreement, damages for lost disability benefits, Disability benefits, employment contract, employment law, lengthy notice period, liability, Long-term disability, LTD, minimum notice, moral damages, notice of dismissal, post employment benefits, punitive damages, salary and benefit continuance, severance, termination, termination without cause, wrongful dismissal

Update on damages arising out of bad faith in the course of dismissal: Soost vs. Merrill Lynch Canada Inc.

September 1, 2010 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources

The Court of Appeal in Alberta has just ruled that there was no basis to award “The Damages Formerly Known as Wallace” in Soost v. Merrill Lynch Canada Inc., dramatically reducing the value of the award.

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