Mediation Preparation and Such
Many thanks are extended to Barry Fisher, Toronto Mediator & Arbitrator, for his contributions to this chapter. Mediation as a Settlement Vehicle Many years ago, when mediation was suggested as…
The Minefield of Aggravated Damages and Workers’ Compensation Plans
Introduction Any case headed to employment law mediation involving a workers' compensation plan becomes complicated. The workers’ compensation plans in Canada were founded on the recommendations made in 1913 by…
Phantom Termination in Human Rights Remedy
This issue may arise in a context in which the employer argues that the claim for lost income should be limited due to a pending closing of the business or…
Reinstatement Remedy
Reinstatement and Instatement A human rights claim asserting reinstatement raises different issues in an employment law mediation. Reinstatement is obviously a very powerful remedy. Apart from the order itself, the…
Mitigation in Human Rights Cases
Duty to Mitigate in Human Rights Cases As a general rule, it would appear that the complainant remains under an obligation to take reasonable steps to seek out comparable employment,…
The Employer’s Duty to Investigate
The Need to Investigate Human Rights In the human rights regime, the need to conduct a proper and effective investigation of a human rights complaint is important for two reasons,…
Limiting the Income Loss Claim
Extraneous Intervening Factors to Limit Claim for Income Loss It is important to understand the factors impacting the claim for income loss in a human rights employment law mediation. The…
Denial of Opportunity
Loss of Chance to be Hired In circumstances where the applicant has been deprived of the opportunity to be hired, the Tribunal will conduct a review to determine if there…
Disputing the Employment Contract
Challenging the Employment Contract Oddly enough, present human rights case law denies either party to challenge the validity of the employment contract, based on the often made submission that the…
Future Income Loss
It is not contested that a human rights tribunal has the authority to make an award for a future income loss beyond the date of the hearing, even in the…