personal liability

Can a corporate director face a personal injury suit for a workplace accident? Alberta Court of Appeal says yes!

May 28, 2019 Stringer LLP Health and Safety, Human Resources, Payroll, Wages and Compensation, 0

The fundamental principle of workers’ compensation across Canada is that workers who suffer an injury “in the course of employment” give up their right to sue their employer and others in tort, in exchange for access to the no fault workers’ compensation benefit system. However, there are exceptions to this principle, which may expose uninsured workplace parties to significant liability, including directors.

director immunity, director liability, employment law, personal liability, workers compensation

Alberta Court of Appeal confirms that directors may be held personally liable for injuries sustained in a workplace incident

April 26, 2019 Occasional Contributors Health and Safety, Human Resources, Penalties and Fines, Training and Development, 0

The Alberta Court of Appeal recently revisited the question of directors’ personal liability for injuries sustained in a workplace incident.

Corporate negligence, director liability, Duty of care, employment law, personal liability

Personal liability in wrongful dismissal actions

February 5, 2014 Stringer LLP Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

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.

constructive dismissal, corporate veil, employment law, jointly and severally liable, Ontario Court of Appeal, personal liability, small business owners, small claims court decision, wrongful dismissal

Employer failed in duty to accommodate by not considering employment beyond pre-injury position

April 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

breach of the Code, comparable job, damages for injury to dignity, depression, duty to accommodate, employee was to be reinstated into a suitable position, employee’s need for accommodation, employment law, extended absence, feelings, Human rights complaint, leave of absence, long-term disability benefits, lost wages, LTD, medical evidence, medical information, not open to accommodating the Applicant, occupational health and safety act, Ontario Human Rights Tribunal, Ontario Teachers Insurance Plan, OSHA, personal liability, post-traumatic stress disorder, pre-injury position, reinstatement, return an employee to the workplace after an extended absence, Return to work, school board, self-respect, total wage loss