AC2021 - 113: Things Went Wrong, Now What? The New Frontier of Damages in Employment Law

2021 Annual Conference

Member: $25.00
Non-Member: $35.00

Qualifies for CPD hours - Labour & Employee Relations

It seems that the cost of employers getting it “wrong” has gotten even higher, with the Courts and Tribunals awarding different heads of damages and higher quantum of damages. The purpose of this session is to review some recent pivotal cases to arm employers on how best to handle situations in the future. As part of this, we will look at when the Courts have awarded punitive damages, whether there is a tort for harassment after all, and when an employee will be awarded damages for intentional infliction of mental suffering.

Learning Objectives

  • Review recent case law dealing with additional damages beyond wrongful dismissal, including punitive and moral damages, damages for the tort of intentional infliction of mantel suffering, the state of the tort of harassment
  • Understand the elements of these damages so that employers can better ensure that they are taking necessary and correct steps
  • Common mistakes and appropriate best practises when dealing with tricky legal situations

Lindsay Gluck

Turnpenney Milne LLP

Lindsay is a lawyer at Turnpenney Milne LLP. She provides practical and strategic advice to clients on a variety of workplace law matters, including employment standards, human rights, hiring practices, wrongful dismissal and occupational health and safety. Lindsay also provides investigation and post-investigation services and conducts workplace audits, across a wide variety of sectors, with a view to building and maintaining healthy workplaces.

Lindsay takes a proactive approach to workplace matters and seeks to resolve disputes as practically and effectively as possible, in collaboration with her clients, and with a commitment to prompt and thoughtful service.

Lindsay graduated from the University of Calgary Faculty of Law in 2004, was called to the Alberta Bar in 2005 and the Ontario Bar in 2012. She has represented clients at administrative tribunals and in court and has extensive experience with various forms of alternative dispute resolution.

Krista Siedlak

Turnpenney Milne LLP

Krista strives to be a legal partner with her clients, providing strategic advice on all human resource law issues. Krista appreciates that most workplace matters are about more than the law, and often require carefully balancing legal and business needs, against risk.

That is why Krista adopts both a legal and practical approach when advising her employer clients, who range in size and industry. She provides guidance on all aspects of the employment relationship, whether it be large-scale complex restructuring, or dealing with the myriad of human resource issues that clients face on a day-to-day basis.

Krista has been fortunate enough to dedicate a large part of her practice to building healthier and more positive workplaces. In doing so, she works in close consultation with her clients to develop customized and comprehensive training programs to meet their current needs. Sessions can be part of a larger series or one-off tailored training programs on a wide variety of topics, ranging from Conducting Workplaces Investigations, Respect in the Workplace, Managing Mental Health Issues or Performance Management and Discipline.

Krista also has extensive experience in the field of workplace investigations and workplace audits, including harassment and bullying complaints, alleged code of conduct violations or fraud and theft cases. More recently, Krista has developed a specialized service in post-investigation remediation to deal with damaged work groups or individual respondents.

Krista was called to the Bar in 2002. She speaks and writes frequently, including HRPA, OBA and Osgoode Hall Professional Development, especially in the area of workplace investigations, building healthier workplaces, and workplace restorations.