Damages

Discuses a case where a medical resident was terminated from his residency, in part due to his disability and the tribunal awarded a significantly larger general damages award than the usual range. The author of the article opins that this should be standard in respect to large organizations, otherwise it is merely a licensing fee to discriminate.

Article reviews some recent cases were significantly higher awards were granted than typical and much longer periods of backpay, over 10 years’ worth, than would be awarded in courts for similar wrongful termination. In one case the tribunal also ordered reinstatement, equalization of pension and CPP and reimbursement for out of pocket medical expenses. In another case a significant $512,000 in future wages. 

Court awarded damages for breach of human rights in addition to damages for failure to provide reasonable notice. Held that the employees injury was at least part of the reason for termination and therefore the employee had been discriminated against  as well the employer was disingenuous at times failing in its duty to act fairly in dismissing an employee.