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Showing posts with label Punitive Damages. Show all posts
Showing posts with label Punitive Damages. Show all posts
Sunday 23 June 2024

Diagnosable Psychological Injury Not Required for Award of Aggravated Damages: ONCA

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Can a ‘little white lie’ about the reason for an employee’s termination of employment result in an award of aggravated damages? What if th...
1 comment:
Sunday 2 June 2024

Meritless Implication that Former Employee was Involved in Murder Results in $100,000 in Aggravated and Punitive Damages

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Can an employee be awarded aggravated damages for his employer’s bad behaviour if that bad behaviour precedes his termination? While for ...
Friday 22 November 2019

Employees Cannot Sue for Constructive Dismissal Caused by Chronic Mental Stress: WSIAT

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Can an employee in Ontario sue for constructive dismissal, if the reason the employee was forced to leave employment was because of chron...
2 comments:
Friday 24 May 2019

Aggravated Damages Awarded for Heightened Frustration and Anxiety After Employer Fails to Investigate Workplace Harassment Allegations

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Does the failure to respond to a request for a workplace harassment investigation warrant an award of aggravated damages, where the emplo...
1 comment:
Tuesday 2 April 2019

Frustration Does Not Require an Act of an Employer

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Does frustration of contract for illness or injury require an act of an employer? In Hoekstra v Rehability Occupational Therapy Inc. , 2...
Monday 16 April 2018

Punitive Damages Awarded for Failure to Conduct Harassment Investigation

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What are the consequences for terminating an employee’s employment (for just cause no less) rather than investigating a legitimate compla...
Saturday 4 February 2017

No Aggravated Damages Absent Evidence of Mental Distress: Divisional Court

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(c) istock/MarkLevant Can a trial court award aggravated damages to an employee who claims wrongful dismissal absent a finding of actual...
Saturday 21 January 2017

Ottawa Small Claims Court Awards $4,000 in Punitive Damages after Employer Falsely Alleges Just Cause

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Truth or Consequences was an American television show originally hosted on NBC radio by Ralph Edwards (1940–1957) and later on television...
Wednesday 23 November 2016

Ottawa Judge Awards $50,000 in Punitive Damages after Employer Fails to Provide Statutory Minimums and ROE

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Is asserting just cause for termination where it is not warranted, failing to provide an employee with his Record of Employment (ROE), an...
Saturday 9 July 2016

Doubling Down Damages – The Ontario Court of Appeal Sends Strong Message to Discriminatory Employers

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What is the penalty for embarking on a “campaign of abuse”, intentionally designed to force a disabled employee to quit her job? In a Jun...
Saturday 24 October 2015

Court Awards $100,000 in Punitive Damages after Employer gets "Mean and Cheap" on Dismissal

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There is a cliché that crime does not pay. In the world of employment law, the most heinous crime that an employer can commit is to alleg...
2 comments:
Saturday 1 August 2015

Failure to Pay Statutory Severance ‘Okay’ because Employer Offered to Do So

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Does an employer’s offer of legally required severance pay, provided that the employee signs a full and final release, mitigate against a...
Sunday 22 March 2015

Ontario Small Claims Court Awards Human Rights and Punitive Damages after New Mom Constructively Dismissed

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There is a saying in law that “bad facts make bad law.” Of course, the opposite is also true; good facts make good law. In a clear demonst...
Saturday 13 September 2014

Termination After Being Made the Subject of Workplace Investigation may Entitle Employee to Moral Damages

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If an employee is made the prime suspect in a workplace investigation but is found to be not responsible for the harm that was the subjec...
Saturday 24 May 2014

Wal-Mart Rolls Back Award of Punitive Damages

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In a decision released earlier this week, the Court of Appeal for Ontario reduced an award of punitive damages against a Wal-Mart manager ...
4 comments:
Tuesday 19 November 2013

Wrongful Dismissal Damages Carry Punitive Elements: ONCA

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Ask most Ontario employment lawyers what the purpose behind reasonable notice is and the answer that you are likely to receive is that it i...
3 comments: