Employers only have to try so hard: terminating employment after an employee fails to engage in the accommodation process and fails to respond to related correspondence is not retaliation

19. May 2020 0
Administrative law – Decisions reviewed – Human Rights Commission – investigations – Disability – Discrimination – Employment law – Wrongful dismissal – Judicial review – Application – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Wojtasiewicz v. Alberta (Human Rights Commission), [2020] A.J. No. 81, 2020 ABCA 23, Alberta Court of ...

The plaintiff sought an appeal of the trial decision that awarded him damages for wrongful dismissal but denied his claim for benefit schemes

19. June 2018 0
Administrative law – Judicial review – Appeals – Standard of review – Palpable and overriding error – Correctness – Employment law – Wrongful dismissal – Damages Carroll v. ATCO Electric Ltd., [2018] A.J. No. 460, 2018 ABCA 146, Alberta Court of Appeal, April 17, 2018, J. Watson, B.L. Veldhuis, M. Crighton, JJ.A. The appellant was ...

The plaintiff was employed by the defendant for nine years as a massage therapy instructor. Following the plaintiff’s return from maternity leave, her hours were unilaterally reduced and her responsibilities and income diminished. In four months, her hours were reduced to zero. The plaintiff successfully brought an action against the defendant for wrongful dismissal. The court also found that the defendant employer had discriminated against the plaintiff on the basis of sex and family status, justifying a $20,000 award for injuries to feelings, dignity and self-respect. In addition, punitive damages of $5,000 was awarded based on lack of forthrightness and bad-faith conduct on the part of the defendant. The total award of $42,700 was reduced to $25,000 to reflect the court’s monetary jurisdiction.

24. March 2015 0
Administrative law – Employment law – Termination of employment – Wrongful dismissal – Human rights complaints – Discrimination – Marital status – Gender – Remedies – Damages Bray v. Canadian College of Massage and Hydrotherapy, [2015] O.J. No. 465, Ontario Superior Court of Justice, January 31, 2015, J.S. Winny Deputy J. The plaintiff was employed ...

The City of Hamilton was successful in its motion to quash two applications for judicial review concerning the termination of three former employees where the court held that the public employees were governed by contract law and contract law displaced public law as the more appropriate forum in which the employees were required to seek a remedy, as per Dunsmuir v. New Brunswick [2008] S.C.J. No. 9

24. February 2009 0
Administrative law – Employment law – Termination of employment – Parallel action – Wrongful dismissal – Public law vs. Contract law – Judicial review application – Striking out – Compliance with legislation – Procedural requirements and fairness – Costs Redmond v. Hamilton (City), [2008] O.J. No. 5233, Ontario Superior Court of Justice, December 17, 2008, ...

The Plaintiff “held an office” with the Defendant Municipality and therefore a duty of fairness applied to the administrative decision to terminate his employment. The Plaintiff was entitled to a hearing which he did not receive; therefore, the Defendant municipality did not comply with its duty of procedural fairness in terminating his employment.

24. August 2004 0
Administrative law – Employment law – Termination of employment – Wrongful dismissal – Hold an office – definition – Damages – Decisions of administrative tribunals – Municipal councils – Judicial review – Administrative decisions – Procedural requirements and fairness Reglin v. Creston (Town), [2004] B.C.J. No. 1218, British Columbia Supreme Court, June 10, 2004, Melnick J. The Plaintiff ...

The appeal by the Nova Scotia Human Rights Commission (the “Commission”) from a preliminary decision of the Board of Inquiry (the “Board”) was dismissed. The Court of Appeal, applying a standard of review of correctness, held that the Board did not err in determining that the trial judge, in a parallel civil action for wrongful dismissal commenced by the complainant, had jurisdiction to deal with allegations of discrimination.

27. January 2004 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Employment law – Wrongful dismissal – Parallel action – Jurisdiction of court to hear human rights complaint – Estoppel and res judicata – Judicial review – Standard of review – Correctness Kaiser v. Dural, a division of Multibond Inc., [2003] N.S.J. No. 418, Nova Scotia Court ...