“A Different Yardstick”: Measuring Damages in Employment Law

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Understanding how to anticipate and gauge damages is key for any practitioner in employment law. This paper provides an overview of the issues to consider in a damages assessment, including reasonable notice and valuation, economic factors, additional damages (punitive, exemplary, and aggravated), mitigation, the duty of honesty and good faith, and other causes of action. References to relevant case law are included throughout the paper.

This paper is part of a collection presented at LESA’s Employment Law Fundamentals seminar in Edmonton on October 5, 2016 and in Calgary on October 13, 2016.

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