Extra-ordinary Damage Awards
Damage claims for the unfair conduct of the employer are difficult, yet important, to understand. The basic rule is that where the employer acts unfairly at the time of termination, an additional sum may be awarded to compensate the employee for emotional distress. These awards are known as “moral damages”. They tend to be in […]
Read MoreArbitration
In a previous post, we reviewed the mediation process and its advantages to the parties in a law suit or a threatened one. There is a further alternative to taking a case to court which is “arbitration”. The parties can voluntarily agree to use this process when a dispute arises. Sometimes there may already be […]
Read MoreMediation in Employment Cases
Mediation has become an effective and popular tool to achieve a settlement of existing and even threatened litigation, particularly in employment law cases going to trial. In certain cities in Ontario, such as Windsor, Toronto and Ottawa, mediation is a mandatory process. However, often the parties may voluntarily agree to use a mediator to try […]
Read MoreThe Time Clock on Lawsuits
Every legal claim has a time period or “limitation period” within which the claim must be filed. If this time clock is not met, the lawsuit will be dismissed. The employer need not show prejudice or some inability to defend the claim due to the passing of time. General Guide The general rule for wrongful […]
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