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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 21:23, 27 September 2022
, 21:23, 27 September 2022→c) Improper Just Cause Allegations as a Litigation Tactic
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The employee carries the burden of proving the condonation; see ''Perry v Papillon Restaurant (1981)'', 8 ACWS (2d) 216. | The employee carries the burden of proving the condonation; see ''Perry v Papillon Restaurant (1981)'', 8 ACWS (2d) 216. | ||
=== c) Improper Just Cause Allegations as a Litigation Tactic === | ==== c) Improper Just Cause Allegations as a Litigation Tactic ==== | ||
Some employers assert just cause (or file counterclaims) as a litigation tactic to deter an employee from advancing a valid wrongful dismissal claim. In these scenarios employees may use that employer tactic as both a defence, and as grounds for additional damages claims against the employer. See R''uston v. Keddco Mfg. (2011) Ltd.'', 2018 ONSC 2919, https://canlii.ca/t/hs2rn, where the court awarded moral damages, extensive costs, and $100,000 in punitive damages for improper cause allegations. | Some employers assert just cause (or file counterclaims) as a litigation tactic to deter an employee from advancing a valid wrongful dismissal claim. In these scenarios employees may use that employer tactic as both a defence, and as grounds for additional damages claims against the employer. See R''uston v. Keddco Mfg. (2011) Ltd.'', 2018 ONSC 2919, https://canlii.ca/t/hs2rn, where the court awarded moral damages, extensive costs, and $100,000 in punitive damages for improper cause allegations. | ||