Extraordinary Harms, Extraordinary Remedies: Learning from exceptional damage awards in human rights and arbitration cases

In recent years, we have seen an upward trend in damages awards, with employers paying a steep price for failing to meet their legal obligations in the workplace. In this webinar, a panel of experts will examine recent caselaw where exceptional damages have been made, and will address the following questions:

1. What are the different kinds of damages an employee may seek? General? Moral? Harm to dignity? Aggravated? Punitive?
2. Do arbitrators and tribunals have the authority to award the same kinds of damages as the courts?
3. In what circumstances will a decision maker order damages for the failure to investigate? Can a decision-maker order damages for the failure to investigate where it has determined that no human rights violation occurred?
4. When are employers at risk of aggravated damage awards?
5. What evidentiary threshold does an employee have to meet to support an award of aggravated damages?
6. What kind of conduct will justify an award of punitive damages? For example, when will this kind of award be made in a case involving bullying and harassment or termination? What can employers do to guard against punitive damages?
7. When will a damages award amount to double recovery?
8. What considerations will courts take into account in assessing an employee’s duty to mitigate their losses?