Wallace damages: what are they and are they still relevant?

Lawyers can contact colleagues in the field of employment law and employment law for more information Wallace injury. This special report of Canadian law magazineone of our sister publications, about the Top law firms in the field of employment law and labor law in Canada is useful.

The historical case of Keys

Many employment lawyers saw it Keysalso an SCC decision, as the death knell, or something close to it, for the damage described in Wallace.

Since 1997 Wallace Pleadings are a staple of wrongful dismissal cases. But in 2008 the majority decided Keys stated that Wallace The compensation does not apply to normal suffering and hurt feelings as a result of dismissal. Instead, employees would only receive relief if they could prove that the method of dismissal caused psychological problems that the parties had in mind.

According to the Keys This decision included conduct that could lead to such awards, including “statements made at the time of dismissal, misrepresentation as to the reason for the decision, or dismissal intended to afford the employee a retirement benefit or other right or permanent status to deprive.”

Furthermore, such awards could not be arbitrary, but had to reflect actual harm. As such, the damage is what was previously referred to Wallace No further compensation will be awarded to extend the notice period. Instead, it can be considered aggravated damage.