Jury awards mill manager $573,000 in punitive damages, reported to be largest award in Canada of its kind
The Vancouver Sun reported on July 27, 2012 that a Prince George jury awarded a former mill manager $573,000 in punitive damages, the largest punitive damages award in Canada in a wrongful dismissal lawsuit.
You can read the story here:"Burns Lake sawmill manager wins major wrongful dismissal suit".
In Elgert v. Home Hardware Stores Limited, 2010 ABQB 220 - this is further to my previous two posts - the judge also recited his Charge to the Jury on the issue of aggravated damages at para. 62:
On aggravated damages, the Charge to the Jury reflected an employer's obligation of good faith and fair dealing and the recognition that when an employment relationship ruptures, the employee is at his most vulnerable and in most need of protection. This was described in my Charge to the Jury at pages 19 - 20 which reads:- read more »
The wrongful dismissal action in Elgert v. Home Hardware Stores Limited (see previous post) was heard by an Alberta jury.
In Elgert v. Home Hardware Stores Limited, 2010 ABQB 220, the 13th written decision in this case, the judge laid out his Charge to the Jury on the issue of punitive damages at para. 61:
On the issue of punitive damages, the Charge to the Jury followed the specific guidelines set by the Supreme Court of Canada in Whiten v. Pilot Insurance Co. The Guidelines and Restrictions were stated painstakingly with many warnings given to the Jury. My Charge to the Jury at pages 20 - 21 reads as follows:- read more »
The case of Elgert v. Home Hardware Stores Limited, 2010 ABQB 73 (CanLII), concerned a senior employee in a management position was dismissed for just cause based on alleged sexually harassment and insubordination. At the time, he had worked for Home Hardware for almost 17 years and was over the age of 50.
The alleged incidents occurred in late 2001/early2002 at the Home Hardware distribution centre in Wetaskiwin, an hour's drive from Edmonton.
The first complainant alleged that the Plaintiff, Mr. Elgert, pushed her into a dark storage room, pushed her up against a table, held her hands down and wiggled his body between her legs.
The second compliant alleged that a few months later while she was cleaning a first aid room in the warehouse, the Plaintiff entered the room, turned off the light and shut the door. He then bumped her backwards until she fell onto a cot. He laid on top of her, and lingered there.
One of the complainants was the daughter of the head of the distribution centre. read more »