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Home » Court confirms physical incapability to mitigate damages doesn’t require medical evidence
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Court confirms physical incapability to mitigate damages doesn’t require medical evidence

staffBy staffMay 15, 20241 Min Read
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A recent Ontario Court of Appeal decision is serving as a reminder about how employer actions during terminations might affect an employee’s mental health.

The court upheld a Superior Court judge’s 2022 decision awarding the employee, Drago Krmpotic, $50,000 for aggravated/moral damages due to the manner in which he was terminated, which the justice described in his decision as “’the antithesis of an employer’s duty’ to be candid, reasonable, honest and forthright.”

Krmpotic was 56 at the time of his termination, and had been working with the employer, Thunder Bay Electronics Limited (TBEL) and Hill Street Financial Services for 30 years when he underwent back surgery in 2016 to address various injuries sustained over the course of his career.

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