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Wrongful dismissal law: Summary judgment motions – the way of the future

Since the Supreme Court of Canada’s decision earlier this year in Hryniak v. Mauldin 2014 SCC 7 (CanLII) more and more employees are bringing summary judgment motions to resolve their wrongful dismissal cases.

 

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Employee’s options after constructive dismissal

What does an employee do if she has been constructively dismissed but has not been told to leave her employ? Is she still entitled to continue to work for the employer and look for alternative employment? Is she obligated to do so?

 

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Mitigating damages in a time of uncertainty

The mitigation of damages has become a hot employment law issue. In this recent British Columbia case, the employee was entitled to damages for wrongful dismissal after the employer terminated her during the economic downturn. Although the employer argued that the employee failed to mitigate her damages when she did not accept the employer’s subsequent offer of re-employment, the Court found that the uncertainty of work and payment was such that the employee did not act unreasonably when she declined the job offer. Thus, the employee was entitled to 12 months’ termination notice.

 

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