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By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read December 7, 2009

When should damages for bad faith in dismissal be awarded?

According to the Supreme Court, “The Damages Formerly Known As Wallace” (damages for bad faith in the course of dismissal) are to be compensatory rather than arbitrary extensions of the notice period. But what if the employer acted in bad faith, but the employee didn't suffer any damages? What circumstances should justify an award?

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards / canadian employment law, Dismissal, employment law, employment standards, HR issues, Human Resources, Labour Law, termination

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | 2 Minutes Read November 11, 2009

Tribunal awards $35,000 to fired pregnant employee

The Ontario Human Rights Tribunal recently awarded a woman $35,000 after her employer fired her when she revealed on her first day of work that she was four months pregnant. (The award covered $20,000 in lost wages and benefits, and $15,000 for injury to dignity, feelings and self-respect.) In addition to the damage award, given the overwhelming number of women working for the employer, the tribunal ordered the company to implement and distribute a written policy on the accommodation of pregnancy to ensure future compliance.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employment Standards, Human Rights / employment standards, feelings and self-respect, firing pregnant employee, HR issues, HR policy, Human Resources, human rights, injury to dignity, interview and human rights, maternity leave, ontario employment standards act, Ontario Human Rights Code, Ontario Human Rights Tribunal, parental leave, policy, policy manual, pregnancy, pregnancy and the workplace, terminating a pregnant employee, terminating an employee on maternity/parental leave, termination

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