Keays vs. Honda Canada: How Does the Supreme Court’s Decision Affect You?

Session

DATE TIME SPEAKER
Wednesday, January 28, 2009 2:45 PM - 3:45 PM Stuart Rudner, Partner, Miller Thomson LLP

DESCRIPTION:


Absenteeism can have a significant impact on your organization. You need to ensure the regular attendance of your employees without breaching their human rights. The 2008 Supreme Court decision in the Honda Canada vs. Keays case determined that organizations acting improperly may be on the hook for major damages and legal fees.

The trial judge’s decision in Keays vs. Honda Canada made headlines with its record-breaking award: 15 months’ notice, 9 months’ Wallace damages, $500,000 in punitive damages and over $600,000 for legal costs. The Court of Appeal reduced the punitive damages to $100,000 and cut the legal costs slightly, but the importance of the precedent to HR professionals was not substantially diminished.

The Supreme Court answered a number of important questions:

  • Does requiring a doctor’s note to confirm that an absence is disability-related constitute discrimination or harassment?
  • Can an employee bring a civil action for discrimination or must they rely on the human rights regime?
  • When are punitive damages appropriate in a wrongful dismissal claim?
  • What is an appropriate quantum of punitive damages?

The session leader will discuss the Supreme Court’s ruling on these and other issues, then focus on how this will affect HR professionals in their efforts to balance attendance and disability management.

LEARNING OBJECTIVES:
  • Hear how to balance attendance management with accommodation of disabilities
  • Learn ways of accommodating the absences of disabled workers
  • Find out how to use doctors’ notes effectively
    Pick up tips to help you avoid discrimination claims
  • Examine the relationship between wrongful dismissal claims and human rights claims
  • Find out what kinds of damages you may face in wrongful dismissal claims or human rights claims

ABOUT THE SPEAKER:


Stuart Rudner is a partner in Miller Thomson LLP’s Labour & Employment group. He provides clients with strategic advice regarding all aspects of the employment relationship, including employment policies and procedures, hiring, employment agreements, human rights issues, restrictive covenants, discipline and terminations. He also represents clients before courts, mediators and tribunals. Recently he represented HRPA at the Supreme Court of Canada in a case that is widely regarded as the most important employment law case of the last decade. In recent years he has also acted as a mediator in employment-related disputes.

Rudner speaks and writes extensively on employment law and litigation topics. He responds to reader questions in the “Ask an Expert” column of Canadian Employment Law Today, contributes regularly to the Canadian Human Resources Reporter, Globe and Mail, National Post, Law Times and Lawyers Weekly. He also speaks at programs put on by organizations including Osgoode Professional Development, HRPA, the B.C. Human Resources Management Association, the Law Society of Upper Canada, the Ontario Bar Association and others. He been interviewed on television, radio and in print.