Home|Audio Conferences|Righting Wrongs

Righting Wrongs: Extraordinary remedies for egregious cases

Thursday, May 7, 2020, 12:30 pm - 2:00 pm EDT



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Moderators


Anne Gregory

Legal Counsel
Manitoba Nurses Union
Carissa Tanzola

Employer Counsel
Filion Wakely Thorup Angeletti LLP

Speakers


David Corry

Employer Counsel
Gowlings WLG
Crystal Norbeck

Union Counsel
Gerrand Rath Johnson LLP

Issues

Over the past few years, courts, human rights tribunals, and labour arbitrators across Canada have been releasing a series of groundbreaking remedial awards. Are damages on the rise? What lessons do these awards offer to workplace parties? In this session, experienced advocates will highlight emerging remedial trends and provide guidance on preventing behaviour that leads to headline-worthy awards.

  • What are some recent examples of significant damage awards for injury to dignity, feelings, and self-respect from courts, human rights tribunals, and arbitrators? Are there any common features present in these cases — either in terms of the type of conduct sanctioned or the harms suffered by the individuals compensated — that may shed light on the damages awarded?
  • What are the key recent decisions involving significant awards for aggravated or moral damages? Are plaintiffs required to lead evidence demonstrating that they suffered actual harm as a result of the manner of dismissal, or can an employer's conduct in itself be sufficient to justify these damages?
  • Is there a growing trend in favour of awarding damages for failing to investigate human rights complaints or for failing to conduct an adequate investigation?
  • Has recent caselaw changed the perception that high punitive damage awards are inappropriate? Are there general principles that courts follow when deciding whether to award these damages and in fixing the appropriate amount?
  • Are human rights tribunals increasingly ordering reinstatement as a remedy? Are awards of compensation in lieu of reinstatement becoming more common at arbitration? When are arbitrators likely to make such awards, and how do they calculate an appropriate quantum of damages to compensate for the loss of unionized employment?
  • What factors do arbitrators consider in assessing whether to order relocation of a manager or employee? What are some examples of remedies that have been awarded as an alternative to relocation?
  • What lessons emerge from recent awards? What conduct should employers avoid in order to lessen the risk of becoming the subject of an extraordinary award?

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

AUDIO FILES
Audio conference MP3 files are available for $265. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $165.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

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