What is the test for an actionable wrong?
Ontario, Canada
The following excerpt is from Thambapillai v Labrash Security Services Ltd., 2016 ONSC 6068 (CanLII):
An independent actionable wrong is generally required for an independent head of damages. That said, employers have an obligation of good faith and fair dealing with employees: Wallace v. United Grain Growers Limited, 1997 CanLII 332 (SCC), [1997] 3 S.C.R. 701 at para. 95. The obligation takes into account the power imbalance that generally exists between employers and employees. The obligation also takes into account that the point at which an employee is dismissed is often traumatic and the employee is vulnerable. Breach of the obligation may well be compensated by damages.
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