Damage control

Ontario courts address moral damages and deductibility of earnings during notice period
By Nikolay Chsherbinin
|Canadian Employment Law Today|Last Updated: 01/12/2011

The deductibility of disability benefits and gross sales that dismissed employees earn during the notice period is a recurring source of uncertainty for employers, as is the awarding of moral damages arising out of wrongful dismissal. The distinction between the forms of benefits and their deductibility, and the role of moral damages, was recently revisited by the Ontario Court of Appeal in Simmons v. Webb.