Topic What’s Your Best Guess? – Estimating Damages for Dismissal
Tag: Damages
6th Biennial Construction Labour Relations Conference
Topic Jurisdictional Disputes/Sector Disputes:What are the Rules on Damages?
Stratford HR Association Labour & Employment Update
Topic Labour & Employment Law in 2011
Federal Post – Second Edition
Dear Friends, We are delighted to bring you this year-end edition of the Federal Post, our newsletter designed exclusively for federally regulated employers. In this issue, we cover a range of interesting developments in the areas of federal labour, employment standards, unjust dismissal law and health and safety. Ian Campbell, a lawyer in our Waterloo…
Ontario Court Issues Significant and Conservative Decision on Scope of Privacy Tort
On August 31st, the Ontario Superior Court of Justice issued a significant decision on the scope of the common law privacy tort – both declining to recognize a cause of action based on “public disclosure of private facts” and…
Significant Damages Awarded Against Employer for Sexual Harassment of Temporary Foreign Workers
In a recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Vice-Chair Mark Hart imposed a significant damages award against corporate respondent Presteve Foods Ltd. and its directing mind, Jose Pratas (“the personal respondent”). In O.P.T. v. Presteve Foods Ltd., two Applicants, O.P.T. and M.P.T., alleged that the personal respondent had engaged in…
HRTO Decision Granting Significant Remedies Upheld on Appeal
The Divisional Court has upheld a decision of the Human Rights Tribunal of Ontario in which the Tribunal ordered significant damages against the Hamilton-Wentworth District School Board and also ordered reinstatement of an employee after an almost decade-long absence from the workplace. The Court agreed with the applicant’s submission that “the goal of the remedial provisions of the Code ought not to…
Ontario Court Voids Termination Provision for Non-Compliance with the Employment Standards Act
In Miller v. A.B.M. Canada Inc., the Ontario Superior Court again nullified a termination provision in an employment contract because it did not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”). The plaintiff worked for the defendant for 17 months in a middle management position at an annual salary of $135,000.The…
Reaching Out – Fifth Edition
Dear Friends, Well, the verdict is in. Six more weeks of winter according to our furry rodent weather prognosticators! And what better way to fill those cold blustery evenings than something interesting and topical to read? Welcome to the Winter 2014 Edition of Reaching Out, our newsletter specifically focussed on issues relevant, and of particular…
Supreme Court of Canada Speaks on the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages
The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman“). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…