Earlier this year, the Ontario Court of Appeal released its landmark decision in Waksdale v. Swegon North America Inc. This decision has now been relied on by the Ontario Superior Court of Justice to strike down another termination clause in Sewell v. Provincial Fruit Co. Limited.
In the case of Suen v. Envirocon Environmental Services, ULC, the British Columbia Court of Appeal confirmed that not every change to a parent’s work schedule will amount to discrimination on the basis of family status.
Where an employee is found to have failed to mitigate their damages, their entitlement to damages may be significantly reduced. So what happens if an employee is too sick to look for new work? Does that count as a failure to mitigate?