Things may not always end on the best terms at the end of an employment relationship. There may be concerns over how an employee was terminated and the employer’s conduct can play an essential role in determining the damages owed if there has been a wrongful dismissal.

If the employer acted in bad faith, it may owe the terminated employee moral damages on top of what it needed to pay as part of the reasonable notice period. Whether the employer’s conduct rises to the level of bad faith highly depends on the circumstances of the case. These additional damages can be significant, as in Teljeur v. Aurora Hotel Group, 2023 ONSC 1324, where the employer was ordered to pay $15,000 in moral damages to the employee for bad faith conduct during the termination.

What additional damages can an employee receive due to the employer’s conduct during termination?

Generally, in cases involving wrongful termination, an employee can receive pay in lieu of their reasonable notice period, which varies depending on the facts of the case. Employees are entitled to prompt payment of their minimum compensation under employment standards legislation.

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