punitive damages

Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

June 4, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

bad faith termination, Dismissal, duty of good faith, employment law, planned layoff, punitive damages, termination

Ontario Court of Appeal upholds constructive dismissal – without pay suspensions must be justified

January 23, 2019 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements

The first issue in Filice for the Court of Appeal was whether the without pay suspension constituted constructive dismissal. The Court first cited the two-branch test set out by the Supreme Court of Canada in Potter v. New Brunswick Legal Aid Services Commission (2015).

constructive dismissal, employment law, punitive damages, without pay suspension, wrongful dismissal

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

Wal-Mart’s “deplorable” pre and post termination conduct results in a sizeable $750,000.00 moral and punitive damages award

January 15, 2018 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Training and Development, Wages and Compensation

Recently, in Galea v. Wal-Mart (2017 ONSC 245) the Ontario Superior Court released a decision in a wrongful termination matter involving a Wal-Mart Executive Gail Galea (“Galea”) and the “reprehensible” termination conduct of Wal-Mart. In addition to the usual wrongful termination damages such as salary, benefits, bonuses, etc., the Court awarded a whopping $750,000.00 in moral and punitive damages combined.

contractual obligations, employee relations, employment law, Galea v. Wal-Mart, moral and punitive damages, punitive damages, terminations, workplace restructuring, wrongful dismissal

Employers beware: Punitive damages for improper just cause allegations

November 28, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines

Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause.

bad faith, damages, damages for wrongful dismissal, employment law, improper just cause allegations, just cause, punitive damages, termination, 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

Wrongful dismissal update: More kinds of damages being ordered

February 14, 2017 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, 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

Once upon a time, employees did not sign employment contracts with termination clauses and employment lawyers fought over the appropriate “reasonable” notice period. In 2017, however, employees now claim in addition to wrongful dismissal damages, human rights damages, moral or Wallace damages, punitive damages, and damages for the intentional infliction of mental stress.

damages, Doyle v. Zochem Incorporated, employment contract, employment law, harassment complaint, human rights damages, punitive damages, reasonable notice period, short–term disability benefits, termination, Termination clause, Wallace damages, wrongful dismissal, wrongful dismissal damages

Employee awarded $50,000 in punitive damages in wrongful dismissal claim

February 10, 2017 Cristina Lavecchia Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

The Ontario Superior Court of Justice recently awarded an employee $50,000 in punitive damages in a wrongful dismissal claim because it was “rationally required” to punish the employer for its behaviour toward the employee and to meet “the objectives of retribution, deterrence, and denunciation”.

bad faith allegations, classification of employee, Dismissal, dismissal for just cause, employment law, independent contractor, punitive damages, wrongful dismissal claim

Three popular articles this week on HRinfodesk

January 19, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, 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: Meal and vehicle rates used to calculate travel expenses for 2016; important changes to form RC59 coming; and case about employee who was awarded punitive damages in dismissal claim.

dismissal claim, employment law, Form RC59, independent contractor, meal and vehicle rates, meal expenses, punitive damages, termination with cause, travel expenses, vehicle expenses, wrongful dismissal

Just cause termination: Employers need “reasonable basis”

November 30, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The Court acknowledged that an employer may allege just cause, and later abandon that claim at any time. The Court held that it wouldn’t be appropriate to penalize an employer for changing its mind if it initially had a reasonable basis to believe it had just cause to terminate an employee. As such, it is important to investigate and document any evidence of employee misconduct, and to act accordingly.

aggravated damages, bad faith, damages, employment law, Honda v. Keays, just cause, Morison v Ergo-Industrial Seating Systems Inc., punitive damages, termination, wrongful dismissal

Employers: A shining example of how not to treat your employees

August 19, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly. A prime example of employer misconduct for failing to accommodate and providing reasonable notice is the case of Strudwick v Applied Consumer & Clinical Evaluations Inc. This case highlights a number of important lessons for employers.

deaf employee, Employment Insurance, employment law, hostile work environment, human rights code, human rights violation, infliction of mental distress, punitive damages, reasonable notice, record of employment, Strudwick v Applied Consumer & Clinical Evaluations Inc., termination, workplace accommodation, wrongful dismissal damages

Bore out: Workplace boredom and employer liability

August 16, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

Despite workplace boredom being a mundane reality of some working lives, it may also be the catalyst for more serious workplace concerns. At the extreme, in limited circumstances, boredom could even form the basis for constructive dismissal.

banishment rooms, bore out, breach of contract, constructive dismissal, employee absenteeism, Employee illness, Employer liability, employment law, employment relationship, loss of workplace productivity, occupational health and safety act, punitive damages, safe and healthy work environment, unhealthy workforce, workplace boredom

Sending a signal to harassment perpetrators and employers alike

July 28, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Recruiting and Hiring, Training and Development, Union Relations

Ontario courts are rightly increasing their protection of employees from harassment and assault in the workplace. This case serves as a strong deterrent to employers and employees who do not comprehend or acknowledge the severe implications of their actions.

aggravated damages, assault in the workplace, employee protection, employment law, Employment termination, Family Law Act, general damages, human rights code, Occupiers’ Liability Act, punitive damages, racial harassment, sexual assault, sexual harassment, workplace harassment, wrongful dismissal

Disabled employee earning $22,000 per year awarded $110,000 damages

April 12, 2016 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Standard for Employment, Wages and Compensation

Many employees now claim more than one type of legal damages in a wrongful dismissal case. This is particularly the case when the employee is disabled. The following case is a good example.

deaf employee, disabled employee, duty to accommodate, employment law, human rights damages, Ontario Human Rights Code, punitive damages, request for accommodation, terminating a disabled employee, wrongful dismissal damages

Court finds that employer telling employee to “get out” constitutes dismissal

March 3, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Termination of an employment relationship can come in many forms; some apparent and some not so. In the latter case, it often falls to a court to determine whether an employer’s actions constitute dismissal or constructive dismissal. This was the issue faced by Justice Lack in the recent decision of Sweeting v Mok.

aggravated damages, constructive dismissal, Dismissal, employment law, medical evidence, period of reasonable notice, punitive damages, termination, wrongful dismissal claim