We also represent employers before all levels of
courts in wrongful dismissal actions, occupational health and safety matters, judicial reviews of decisions made by administrative tribunals and to obtain injunctive relief.
In a decision dated September 10, 2013, a London, Ont., woman became the first person to be awarded human rights damages by the Ontario Supreme
Court in a wrongful dismissal action.
Not exact matches
[13] At para. 57
in Honda v. Keays, the Supreme
Court of Canada confirmed the general damages allocated
in wrongful dismissal actions are confined to the loss suffered as a result of the employer's failure to provide notice and that no damages are available to the employee for the actual loss of his or her job and / or the pain and distress that may have been suffered as a consequence of having been terminated.
The availability of an increased punitive damage award
in a
wrongful dismissal action because of a bad faith employer policy was recognized
in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional
Court considered an appeal of an order striking paragraphs
in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.
Nagribianko v. Select Wine Merchants Ltd. was a
wrongful dismissal action brought
in Small Claims
Court by the Plaintiff, Alexander Nagribianko («Mr. Nagribianko»).
The Superior
Court of Justice ruled on the issue of common - employers and personal liability of directors
in the context of a
wrongful dismissal action.
Ryan Newell discusses the first case
in which a
court has ordered an employer to pay damages for a Human Rights Code violation
in the context of a
wrongful dismissal action.
Obtained
dismissal / stay of California state
court wrongful death
action obtained
in favor of helicopter component manufacturer based on improper venue subsequently upheld on appeal.
Depending always on the facts, remedies can be available to terminated employees by bringing
court actions for
wrongful dismissal (where generally the length of time employed is a critical factor
in assessment of damages); or by employment standards proceedings for unpaid wages3.
P1102900227): Successful defence as lead counsel of a property management company
in a
wrongful dismissal action at trial
in Provincial
Court (Red Deer).
The objective of the
court in a civil
action (such as a
wrongful dismissal action) is to compensate the plaintiff for his or her loss.
The increasing use of summary judgment motions to decide straightforward
wrongful dismissal actions has resulted
in it now being commonplace for a
court to grant judgment
in a
wrongful dismissal action before the expiration of the dismissed employee's reasonable notice period.
Robert also appears
in the Ontario Superior
Court on
wrongful dismissal actions, injunction and judicial review proceedings.
In a
wrongful dismissal action the former employee will ask the
court to order his or her former employer to award damages (e.g. an award of money) for the employer's failure to provide proper notice of
dismissal.
Courts have also repeatedly recognized that short term and probationary employees are more vulnerable than normal employees, and as a result have awarded higher damages
in wrongful dismissal actions.
Employment law (unreported): Defended an employer
in a Provincial
Court action brought by a former employee seeking damages for
wrongful dismissal and elevated damages due to the manner of termination.
In Lawrence v International Brotherhood of Electrical Workers (IBEW) Local 773, in a split decision, the Court of Appeal granted a representation order nunc pro tunc to commence a wrongful dismissal action against a Union after the limitation period had expired because the Union and some of its representatives had defended the proceeding to the point that it was ready for tria
In Lawrence v International Brotherhood of Electrical Workers (IBEW) Local 773,
in a split decision, the Court of Appeal granted a representation order nunc pro tunc to commence a wrongful dismissal action against a Union after the limitation period had expired because the Union and some of its representatives had defended the proceeding to the point that it was ready for tria
in a split decision, the
Court of Appeal granted a representation order nunc pro tunc to commence a
wrongful dismissal action against a Union after the limitation period had expired because the Union and some of its representatives had defended the proceeding to the point that it was ready for trial.
A
court action for
wrongful dismissal launched at the end of July against the New Brunswick Real Estate Association (NBREA), as well as four of its executive committee members, has been resolved out of
court in favour of former NBREA executive director Louise Mazerall.