LAW 529 Chapter Notes - Chapter 16: Proper Length, Helen Baxendale, Life Insurance
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The key to answering this is to remember what the employer did wrong: it breached the term in the employment contract requiring it to provide the employee with notice of termination. In short, calculating general damages arising from a wrongful dismissal requires identification of what the employee has lost by not working through the entire notice period, and then an assessment of the financial cost of that loss. In 1997, the supreme court of canada decided in the case of wallace v. united grain. In the years that followed wallace, many employees included claims for wallace damages in their wrongful dismissal lawsuits. The floodgates had opened: when the issue of damages for bad faith in the manner of dismissal again came before the supreme court of canada in the 2008 case of honda canada inc. v. keays, the. Implied te(cid:396)(cid:373)s (cid:396)e(cid:395)ui(cid:396)i(cid:374)g de(cid:272)e(cid:374)t t(cid:396)eat(cid:373)e(cid:374)t o(cid:396) (cid:862)fai(cid:396) deali(cid:374)g(cid:863) of e(cid:373)plo(cid:455)ees pla(cid:455) a(cid:374) espe(cid:272)iall(cid:455) important role in the assessment of punitive damages.