Wrongful Dismissal Actions and Claiming Losses for Defamation

In Kelly v. American Airlines, Boland J. sets out the relevant law as follows:

That ordinarily, a plaintiff in a wrongful dismissal action cannot claim damages for loss of reputation resulting from the fact of the dismissal or the manner in which it was accomplished.

Defamation is a separate action from wrongful dismissal and is treated as such by the courts. The two should not be conflated. That said, there is no bar to suing for defamation and for wrongful dismissal.

But defamation will not be made out by virtue of the wrongful dismissal itself. Instead, the Plaintiff will need to show damage to his reputation for honour, honesty, or integrity. Or disparagements of his reputation in trade, business, profession or office.

Robert H. Tanha, Employment Lawyer
"You want me on your side. You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations.