Damages
03/12/19 11:06
Mitigating damages through second job
In the case of Watson v. Summar Foods Ltd., 2006 CanLII 38233 (ON SC) an employee had a full time and an additional part time job. After being terminated from her full time job it was found that the employee not working more hours at her part time job post termination was not adequate enough to conclude she failed to mitigate her damages.
Source
Punitive Damages
According to Nelson v 977372 Ontario Inc, 2013 CanLII 41983 (ON SCSM) not issuing a Record of Employment (ROE) and refusing to pay statutory minimums is reason for punitive damages to be awarded.
Source
Economic Cutback Termination/Damages
According to Collin v Kappele, Wrigh & Macleod Ltd., an employer was alleging an employees termination was because of conflict in personality and a lack of punctuality. Court found that the true reason for termination was because of economic cutback: plaintiff was then entitled to damages.
In the case of Watson v. Summar Foods Ltd., 2006 CanLII 38233 (ON SC) an employee had a full time and an additional part time job. After being terminated from her full time job it was found that the employee not working more hours at her part time job post termination was not adequate enough to conclude she failed to mitigate her damages.
Source
Punitive Damages
According to Nelson v 977372 Ontario Inc, 2013 CanLII 41983 (ON SCSM) not issuing a Record of Employment (ROE) and refusing to pay statutory minimums is reason for punitive damages to be awarded.
Source
Economic Cutback Termination/Damages
According to Collin v Kappele, Wrigh & Macleod Ltd., an employer was alleging an employees termination was because of conflict in personality and a lack of punctuality. Court found that the true reason for termination was because of economic cutback: plaintiff was then entitled to damages.