Employer Liability
Home › Workplace Human Rights ›Human Rights: Employer Liability Human Rights: Employer Liability The issue of whom should be named as a respondent in a human rights complaint is regrettably…
Ontario Divisional Court on Duty to Investigate
🏠 Home › 📁 Investigations Index › [Workplace Investigations: Duty: No Complaint] Workplace Investigations: Duty: No Complaint The Ontario Divisional Court, in April of 2024, considered the conflicting issues arising…
Standard of Correctness
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standard of Correctness Unjust Dismissal: Judicial Review: Standard of Correctness The standard of correctness, however, provides that there is only…
Anecdotal Review of Unreasonable Findings
Home › Index of Contents › Unjust Dismissal: Judicial Review: Unreasonable Findings: Anecdotal Review Unjust Dismissal: Judicial Review: Unreasonable Findings: Anecdotal Review The principled analysis of deference given to the…
Deference
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standards: Deference Unjust Dismissal: Judicial Review: Standards: Deference The review of the adjudicative award is based on the standard of…
Standards of Judicial Review
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standards Unjust Dismissal: Judicial Review: Standards Broadly speaking, remedial orders made in labour cases are allowed a “wide margin of…
Aggravated & Punitive Damages
Home › Index of Contents › Unjust Dismissal: Remedy: Aggravated & Punitive Damages Unjust Dismissal: Remedy: Aggravated & Punitive Damages There is no dispute that the adjudicator appointed to hold…
Remedy in Lieu of Reinstatement
Home › Index of Contents › Unjust Dismissal: Remedy: Damages in Lieu of Reinstatement Unjust Dismissal: Remedy: Damages in Lieu of Reinstatement Future Loss The question arises as to what…
Legal Costs in Unjust Dismissal
Home › Index of Contents › Unjust Dismissal: Remedy: Legal Costs Unjust Dismissal: Remedy: Legal Costs The Federal Court of Appeal considered a judicial review application in which the employee…
Remedy in Lieu of Reinstatement
Future Loss The question arises as to what compensation, if any, should be ordered where reinstatement has been denied. The Federal Court of Appeal in its 2023 decision noted that…
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