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damages

By McCarthy Tétrault LLP | 4 Minutes Read June 25, 2018

BC Court of Appeal clarifies employee’s duty to mitigate and necessary deductions for “avoided,” and “avoidable”, loss

A recent BC Court of Appeal decision is a good reminder and summary of the principles underlying an employee’s duty to mitigate following a wrongful dismissal, and confirms that post-termination income in excess of supplementary income that an employee has earned while employed is properly deducted from a wrongful dismissal damages award.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / BC Court of Appeal, damages, duty to mitigate, fringe benefits, notice assessment, notice period, post-termination earnings, reasonable notice period, replacement income, termination without cause, wrongful dismissal

By Doug MacLeod, MacLeod Law Firm | 4 Minutes Read February 13, 2018

Wal-Mart employee awarded $250,000 in moral damages and $500,000 in punitive damages

Wal-Mart was found to have breached its duty as it was trying to find a new position for Ms. Galea. I don’t know if this case will turn out to be an outlier, but in the meantime employers should be very careful when dealing with an employee who is between jobs within the organization.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards, Payroll / damages, employment law, Galea v. Wal-Mart, moral damages, punitive damages, termination, termination without cause, termination without notice, wrongful dismissal

By Simon Heath, BA, MIR, LLB, Heath Law | 3 Minutes Read December 20, 2017

5 employment law predictions for 2018

What’s in store in 2017 for HR and payroll‘Tis the Season and 2017 is coming to a close. With this, I am predicting some of the trends to follow from an employment law perspective of 2018. Here are 5 trends to follow in the new year.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll / aggravated and punitive damages, damages, employment law, employment law predictions, equal pay for equal work, marijuana, sexual harassment, termination clauses, terminations

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