Unjust - Canadian Employment Law

Standard of Correctness

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The standard of correctness, however, provides that there is only one correct answer. This standard may apply where one of the following submissions are made: There is an issue relating

Anecdotal Review of Unreasonable Findings

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The principled analysis of deference given to the first level hearing based on the standard of reasonableness is found here. The adjudicative award was set aside on this basis in

Deference

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The review of the adjudicative award is based on the standard of reasonableness. This is the presumption whenever a court reviews administrative decisions. In order for an administrative decision

Standards of Judicial Review

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Broadly speaking, remedial orders made in labour cases are allowed a “wide margin of appreciation”. Such issues “go to the very heart of the specialized expertise of labour adjudicators”. This

Aggravated & Punitive Damages

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There is no dispute that the adjudicator appointed to hold an Unjust Dismissal hearing has the authority to award aggravated and/or punitive damages. This was confirmed in by the Federal

Remedy in Lieu of Reinstatement

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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

Legal Costs in Unjust Dismissal

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The Federal Court of Appeal considered a judicial review application in which the employee had been awarded partial indemnity costs. She sought, on review, full indemnity costs. The Court of

Remedy – Lost Income

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The principle of assessing such a loss is not based on wrongful dismissal concepts. This principle is firm. The purpose of the monetary remedy is, as in the case

Reinstatement – Anecdotal

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The principled review is discussed above. Review Both Sides The issue of reinstatement was reviewed by the Federal Court of Appeal in The employer had failed to renew the teaching

Remedy of Reinstatement

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Remedies The broad purpose of the remedy is one intended to place the innocent party into the position of “not suffering an employment related disadvantage as a result of

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