The British Columbia Human Rights Tribunal’s ruled in McIntosh v. Metro Aluminum Products Ltd., that an employer and its owner were liable for substantial damages because of unwanted sexually suggestive text messages, sometimes referred to as “sexting”.
A recent Ontario case involving a criminal charge against a teacher for possession of child pornography has garnered significant media attention.
Russo v. Kerr, 2010 ONSC 6053, a decision of the Ontario Superior Court, addresses some of the more esoteric elements of the interplay between wrongful/constructive dismissal and mitigation of damages. Russo is noteworthy for the approach it takes to the question of an employee’s right to sue for damages during a period of working notice.
In Marchen v. Dams Ford Lincoln Sales Ltd. 2009 BCSC 400, the Honourable Mr. Justice Goepel of the British Columbia Supreme Court handed down a significant decision on March 26, 2009, involving employment law issues. The defendant car dealership dismissed an apprentice mechanic without alleging cause but because of an honestly held but completely unfounded … Continued
Recent employment law decisions by Canadian Courts mandate a return to basics when measuring damages for breach of employment contracts.
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