Damages against the Complainant
The Yukon is the only jurisdiction which allows the tribunal to make a damage award in favour of the respondent to compensate for damages to reputation against the complainant,…
More On Reprisal – Various Statutes
The Ontario Code also has a general related provision entitled “infringement” which prevents an employer from doing anything which may infringe a right under the Code. At one time, the…
PJI
Pre-Judgement Interest PJI is generally allowed on compensatory damages. The Ontario Court of Appeal in Impact Interiors (1998) set aside the Divisional Court decision denying PJI and restored the award…
Legal Costs
The law is emphatically clear that for an administrative tribunal to award costs, the statute must employer it to do so. Quebec’s Charter allows for a costs award in favour…
Public Interest Remedies
The purpose of such a remedy is designed to remedy any future wrongdoing and educate those persons involved, with the objective of eliminating the offensive behavior. Such an award should…
Poisoned Work Environment
Poisoned Work Environment The employer takes on direct liability, given a finding of a poisoned workplace. This includes Ontario. A poisoned work environment is one which essentially is allowed by…
Reprisal
The word “reprisal” can lead to confusion as there are two types of such retaliatory conduct often described as “reprisal”. The first is such actions taken by the employer in…