Key Terms
An amount of money a party guilty of a contract or tort violation is ordered to pay the innocent party to compensate the person for the harm incurred.
What is... Damages?
In the case of "blank" Walmart was ordered to pay $200,000 in aggravated damages plus $500,000 in punitive damages.
What is... Galea v. Wal-Mart Canada?
This type of damages is not intended to compensate the employee for the harm that they have suffered like the other two damages.
What is... Punitive Damages?
A type of lawsuit by an employee against a former employer alleging that the employer terminated their contract without complying with the implied term in the contract requiring “reasonable notice”.
What is... Wrongful Dismissal?
The court decided that "blank" did fail to mitigate when he refused the offer to return to his old job at the same rate of pay and in the identical position as it would not have caused him embarrassment or humiliation.
HINT:
No damages were ordered even though the employer had wrongfully dismissed "blank"
What is... Chavalier?
In Chavalier vs. Active Tire & Auto Centre Inc
This type of dismissal can include harassment or discrimination before dismissal, dismissal due to disabilities or health concerns, ect
What is... Bad Faith?
A legal rule under which an employer is liable for damage caused to a third party by one or more of its employees.
What is... Vicarious Liability?
The court of appeal explained that if "blank" would have satisfied the qualifying conditions had he worked out the notice period, then he would be entitled to the value of the initial public offering (IPO) shares.
What is... Gillies?
In Gillies v. Goldman Sachs Canada inc.,
What are the Two Key Obligations in The Standard of Mitigation Required
What is...
1. To make reasonable efforts to look for a new job
2. To accept a job offer that a reasonable person in their position would accept
The test of contract damage “remoteness” from 1854 case of Hadley v. Baxendale. It provides that damages for breach of contract are available only for harms that the parties would reasonably have contemplated at the time the contract was formed
What is... Reasonable Contemplation Test?
"blank" was wrongfully dismissed and was entitiled to compensatory damages based on 15 months notice, but was not entitled to aggravated or punitive damages.
What is.. Keays?
In Honda Canada Inc. v. Keays
1 of the 2 clauses in an Employment Contract?
What is...
1. Employer is required to provide an employee with predetermined amount of notice or money upon dismissal
2. Employment contract does not explicitly state the amount of notice or money the employer is required to give upon dismissal
A phrase commonly used in wrongful dismissal decisions in Canada to describe damages ordered against an employer for acting in bad faith in the manner in which it terminated an employment contract. Wallace v. United Grain Growers Ltd. (1997) was the Supreme Court of Canada decision in which these damages were first ordered
What is... Wallace Damages?
"blank" worked for "blank" for 33 years. 18 of those years were as a manager.
What is... Chavalier vs. Active Tire & Auto Centre Inc.
1. Chavalier
2. Active Tire
The Supreme Court of Canada has recognized that this type of dismissal can negatively impact self-esteem, confidence, dignity, etc.
What is... Bad Faith Dismissals