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Employment Standards Act | The Law of Workplace Sexual Harassment in Canada
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Employment Standards Act Tag

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...

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