Adverse Treatment – Loss of Severance
The above review looks to the concept of a notional termination and the inability of the employee to recover severance, statutory or otherwise, in this context. There can be situations,…
Mitigation & Expenses
Common Law Rule As a general rule, it would appear that the complainant remains under an obligation to take reasonable steps to seek out comparable employment, as is the case…
Disability Insurance & Lost Income Claim
Common Law A brief summary of the apparent present status of the common law is that a plaintiff is allowed to sue for lost income in a wrongful dismissal claim…
Impact of Employment Contract – A Double Sided Edge
The existence of an employment contract which contains an agreed severance payment or determines a fixed time period of the employment relationship is viewed uniquely in a human rights complaint.…
Notional Termination
Notional Termination Loss of Statutory Payment(s) The suggestion has been made above, that in a fact situation where the employer argues that the “but-for” lost income claim should be…
Future Income Loss
Future Income Loss It is not contested that a human rights tribunal has the authority to make an award for a future income loss beyond the date of the hearing,…
Intervening Event Disrupts Lost Income Claim
Basic Principles From the above principles comes the basic test. Were it not for the unfair dismissal what would otherwise have happened to the complainant’s employment? Were there any intervening…
Lost income
Genesis of Lost Income Claim A claim for lost income may arise in various ways. It may come from a direct termination, or due to a “poisoned work environment”, or…
Loss of Opportunity – Substantive Test
Loss of Opportunity to be Hired In circumstances where the applicant has been deprived of the opportunity to be hired, the tribunal will conduct a review to determine whether the…