Employment Contract & Human Rights | The Law of Workplace Sexual Harassment in Canada

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Employment Contract & Human Rights

August 6, 2018

Human Rights Remedies & Employment Contracts

Lost Income Claim & Severance Clause An employment agreement which sets out a sum to be paid, or notice provided in the event of a termination, will be of no consequence in a lost income assessment in a human rights context. Given the “but-for“ analysis, the basis of the lost income remedy, such a termination provision in the contract will not be an issue in defining the lost income claim.¹ In one case this position not even argued by the employer. Fixed Term Contract Absent...

by DQH

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August 27, 2018

Employment Contract & Human Rights

Notional Termination in Human Rights Remedy

Suppose this fact situation: A long-term employee asserts that they have been terminated due to a clear violation of the Human Rights Code; A human rights complaint is filed. Liability is proven or admitted. There is clear evidence to support the employer’s argument that it had planned to close the business or relevant operating division within 3 months. So what is the claim for lost income under the Code? Not much. It will likely be limited to the 3 month period as the employer will be able to successfully...

by DQH

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