Human Resources 101

I’ve pointed to the Keays v. Honda Canada case a couple of times. It was a record-setting judgement two years ago. The Ontario Court of Appeal reduced the punitive damages about six months ago. Now the Supreme Court of Canada is getting involved.

Employment Law - Unjust Dismissal - Punitive damages - Standards of Review - Availability of punitive damages for wrongful dismissal if employer’s conduct was discrimination or harassment that breached human rights legislation - Relevance of principles applicable to contracts for peace of mind to punitive damages in an employment law context - Whether a trial judge should conduct independent research other than as to matters of law and, if so, what procedures are required - Whether punitive damages award should be reduced on appeal without increasing compensatory damages; Whether discrimination and harassment should be a separate cause of action; Whether human rights legislation should be incorporated into individual employment contracts; Effect of proportionality on compensatory and punitive damage awards; Whether  overriding and palpable error standard of review should be integrated with  rationality standard of review.

The respondent was employed by the applicant.  He began to suffer from Chronic Fatigue Syndrome.  He received long term disability benefits but the benefits were cancelled and he returned to work.  He continued to experience intermittent absences.   The applicant advised the respondent to apply for a program that exempted employees from attendance-related discipline.  The respondent saw a company physician.  The employment relationship deteriorated.  The respondent retained counsel and his enrollment in the program offering exemption from discipline was cancelled.  The applicant demanded that the respondent see another company physician. The respondent requested more information on the purpose, methodology and parameters of the examination.  The applicant refused to provide further details and the respondent refused to meet the doctor.  The applicant terminated the respondent’s employment.  The respondent brought an action for wrongful dismissal.

I imagine it will be some time before this case is completely resolved.

Supreme Court of Canada - Decisions - Judgements to be Rendered in Leave Applications.