Workplace - Canadian Employment Law

Deadnaming

dqh May 21, 2024 No Comments

The Canadian Human Rights Tribunal recently considered a complaint brought by a transgender man who uses masculine pronouns. He had also been accustomed to using a name which was

Adverse Treatment – Loss of Severance

dqh May 15, 2024 No Comments

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

dqh May 14, 2024 1 Comment

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

dqh May 14, 2024 No Comments

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

Overview of Human Rights Remedies

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Defining Discrimination The essence of discrimination was defined in a case interpreting the Charter of Rights and Freedoms. It remains nonetheless the touch stone for setting out the meaning of

Impact of Employment Contract – A Double Sided Edge

dqh May 14, 2024 No Comments

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.

Maritime Provinces

dqh May 14, 2024 No Comments

Nova Scotia The awards in Nova Scotia are low. The cases are few and show damage awards in the range of $3,000. Prince Edward Island An award of $50,000 was

Saskatchewan

dqh May 14, 2024 No Comments

As difficult as it may be to believe, the legislators of Saskatchewan have placed a limit on the sum which may be awarded for compensatory damages for any human rights

Alberta

dqh May 14, 2024 1 Comment

Until the decision of the Alberta tribunal awarding $25,000 the rough high water mark was set at $10,000. The Alberta Court of Appeal noted in this case that prior general

British Columbia Damage Awards

dqh May 14, 2024 No Comments

Until 2001, the highest award for sexual harassment was $10,00. In 2011, the sum of $12,500 was ordered due to harassment which was found to be demeaning, provocative and aggressive,

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