Wrongful Dismissal - Bad Faith Damages in Canadian Employment Law: Honda Canada Inc. V. Keays (Unblj Forum: Recent Developments in Canadian Labour and Employment Law‪)‬

The point at which the employment relationship ruptures is the time when the employee is most vulnerable and hence, most in need of protection. In recognition of this need, the law ought to encourage conduct that minimizes the damage and dislocation (both economic and personal) that result from dismissal. (1) It is one of the most important concepts in workplace law--or at least it was. Since Justice Iacobucci's decision in Wallace, employers have had to play nicely at the time of dismissal or risk paying additional damages to dismissed employees. This behaviour expectation was a welcome shift in the law, brought on by the recognition of the inherent power imbalance in the employment relationship and the need to protect employees at a time when they are most in need of protection.