First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

common law notice

By | 2 Minutes Read

Is an employee’s resfusal to accept a settlement offer a failure to mitigate?

In AMEC Americas Limited v. MacWilliams, 2012 NBCA 46, the New Brunswick Court of Appeal held that an employer's defence that an employee failed to mitigate his damages by refusing to accept its settlement offers had no merit. As leave to appeal the decision was recently refused by the Supreme Court of Canada, the current answer to our question (at least in New Brunswick) is "no".

By | 5 Minutes Read

LTD claims by dismissed employees

Employers that dismiss employees without cause, and without ensuring that they take steps to preclude all potential claims, can face significant liability beyond the “typical” wrongful dismissal damages. The recent decision of Mr. Justice Echlin of the Ontario Superior Court of Justice in Brito v. Canac Kitchens is an example of the type of situation employer’s dread. In that case...

By | 3 Minutes Read

The importance of notice and manner of dismissal

I recently read an Alberta case where a financial consultant, a top performer, was terminated without notice. The court found he was wrongfully dismissed and terminated in an insensitive manner; this error in judgment cost the employer $2.2 million in damages.

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