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common law notice

By Simon Heath, BA, MIR, LLB, Heath Law | 2 Minutes Read October 17, 2016

Refusing a 50 km commute not a failure to mitigate

In wrongful dismissal litigation, one of the key issues is always the dismissed employee’s duty to mitigate. When an employee is terminated or constructively dismissed, he or she has a positive obligation to minimize his or her damages by seeking out comparable, alternate employment. Anything the employee earns in the common law notice period is subtracted from what the company owes. An issue that often arises is whether or not it was reasonable for an employee to refuse exploring a potential new job because of the length of the commute.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employment Standards, Payroll, Union Relations / common law notice, constructively dismissed, employment law, failure to mitigate, Marsland v. City of Toronto, mitigate damages, wrongful dismissal

By Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 4 Minutes Read September 12, 2016

The pitfalls of unwritten contracts – Part 3

Getting your contracts in writing is half the battle. You must also ensure that your contract says what you want it to say, and says it clearly. The main issue in the following case was the interpretation of an employment agreement.

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Business, Finance and Accounting, Not for Profit, Payroll / common law notice, contract interpretation, contracts, employee contracts, lawsuits, litigation, notice pay, reasonable notice, termination pay, unwritten contracts

By Simon Heath, BA, MIR, LLB, Heath Law | 2 Minutes Read June 9, 2016

Motion for summary judgement raises questions about efficiency of pre-trial resolution

Employment lawyers will advise you that a motion for summary judgement can be expensive to lose. Not only does the company have to pay the judgement, the company will have to pay the costs of its own counsel and part of the costs of the employee’s counsel. Therefore, there is pressure on the company to offer a suitable severance package to negotiate a settlement rather than leave it to a court to decide with the cost consequences that follow.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employee Relations, Employment Standards, Payroll / common law notice, employment contract, employment law, failure to mitigate, negotiated settlement, not-for-cause termination, outplacement services, salary continuance, suitable severance package, summary judgement, termination, written contract, written termination clauses

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