BAD FAITH BY EMPLOYER UPON TERMINATION

Ontario Courts may award additional moral damages to employees who have been wrongfully dismissed, where the employer conducted the termination in bad faith or dishonestly, in a manner that caused public embarrassment, or was otherwise callous, shocking, or in blatant disregard of the employee’s dignity and well-being.

Such damages are generally available under Ontario employment law only where the terminated employee experiences significant, medically documented harm or injury as a result of the employer’s misconduct, such as depression, anxiety or other serious medical issues. It is important that former employees who are experiencing such harms attend with their pysicians to seek appropriate treatment and to ensure that their medical records include documentation of the difficulties and symptoms presenting.

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© Garry J. Wise and Wise Law Office, Toronto, Ontario, Canada. This information may not be reproduced without consent in writing.