In recent years, we have seen an upward trend in damages awards, with employers paying a steep price for failing to meet their legal obligations in the workplace. In this webinar, a panel of experts will examine recent caselaw where exceptional damages have been made, and will address the following questions:

• What are the different kinds of damages an employee may seek? General? Moral? Harm to dignity? Aggravated? Punitive?
• Do arbitrators and tribunals have the authority to award the same kinds of damages as the courts?
• In what circumstances will a decision maker order damages for the failure to investigate? Can a decision-maker order damages for the failure to investigate where it has determined that no human rights violation occurred?
• When are employers at risk of aggravated damage awards?
• What evidentiary threshold does an employee have to meet to support an award of aggravated damages?
• What kind of conduct will justify an award of punitive damages? For example, when will this kind of award be made in a case involving bullying and harassment or termination? What can employers do to guard against punitive damages?
• When will a damages award amount to double recovery?
• What considerations will courts take into account in assessing an employee’s duty to mitigate their losses?