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By Howard Levitt and Gregory Sills

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Television dramas would have one believe that “damages for pain and suffering” are commonly awarded by courts. Until recently, that sentiment would have been misleading, certainly in employment law.

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Historically, awards beyond severance were exceedingly rare in wrongful dismissal cases. This is no longer true as Canadian courts are placing an increasing emphasis on an individual’s hurt feelings when losing their job, even when the termination is “without cause” — the vanilla of terminations in the employment world.

Take, for example, the recent decision in Teljeur vs. Aurora Hotel Group, where an Ontario court awarded the terminated employee $15,000 in additional damages because the employer did not provide written notice of termination or pay the minimums under the ESA or outstanding expenses quickly enough. The employee did not have to produce medical evidence of mental distress contrary to most earlier judgements.

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Similarly, in Moffatt vs. Prospera Credit Union, a British Columbia court awarded an additional two-and-a-half months’ salary to an employee because the employer accidentally miscalculated amounts owed in the termination letter. Additional damages were awarded in spite of the fact that the error was corrected the moment it was brought to the employer’s attention.

In Russell vs. the Brick LP, the employer was required to pay an additional $25,000...

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