duty to mitigate
September 13, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring
The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.
Cannabis legalization, common-law notice period, Dismissal, duty to mitigate, employment law, Health and safety policies, marijuana in the workplace, recruiting and hiring, termination
June 25, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll
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.
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
July 20, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Training and Development, Union Relations
The three popular articles this week on HRinfodesk deal with: how an employee’s decision to retrain affected his right to damages after termination, improvements to CRA services for small and medium businesses and union-friendly changes to the certification process included in Bill 148, Fair Workplaces, Better Jobs Act.
Bill 148, CRA, damages, duty to mitigate, employment law, Payroll, temporary help agency, termination, unfair labour practice, union, union certification
January 3, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation
At the beginning of a new year, it’s good to wonder what is in store in 2017 for HR law and payroll? Let’s discuss and provide practical steps HR and payroll can take to prepare for these trends and changes.
common law, Discretionary bonus, duty of good faith, duty to mitigate, employee’s resignation, employment contract, employment law, employment law jurisprudence, employment law requirements, employment relationship, Employment Standards legislation, Enhanced Canada Pension Plan, HR Law, HR strategies, Legalization of marijuana, occupational health and safety, Payroll planning, termination of the employment, workers compensation
December 5, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
Interestingly, the events following termination of employment do not affect an employee’s entitlement to notice. This includes the situation where an employee is terminated and shortly thereafter becomes ill or disabled. Our courts have dealt with this situation by suggesting a longer notice period may be warranted because the employee may find it more difficult to find alternate employment.
disabled employee, duty to mitigate, employment agreement, employment law, entitlement to notice, ill employee, notice period, reasonable notice, Severance pay, termination, termination of employment, wrongfully terminated
July 15, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation
A few months ago we commented on a case where a fixed term contract caused an employer significant liability because it did not allow for early termination prior to the end of the fixed term. The Ontario Court of Appeal recently released a decision, Howard v. Benson Group Inc., which provides a further warning about the use of fixed term contracts.
duty to mitigate, employment agreement, employment contract, employment law, employment standards act, end of the fixed term, fixed-term contracts, indefinite term contracts, reasonable notice, termination, terms and conditions of employment, without cause
June 9, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Recruiting and Hiring
The three popular articles this week on HRinfodesk deal with:An Ontario human rights case where an employee’s dismissal by her employer for having lied about when she found out about her pregnancy was ruled to be non-discriminatory; a decision that clarifies that the duty to mitigate does not apply when an employer terminates a fixed-term employment contract before its end date; and an FAQ that looks at an employee who is looking for accommodation to care for their child because they cannot afford daycare.
accommodation on the basis of family status, accommodation policy, contractual damages, discrimination, duty to mitigate, employment contract, employment law, employment standards, firing pregnant employee, fixed-term contracts, human rights code, Human rights complaint, human rights tribunal, labour relations, Terminating a fixed-term contract early, workers compensation, Workplace discrimination
February 11, 2016 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation
Three popular articles this week on HRinfodesk deal with employer vicarious liability for employee misconduct; reasonable notice and the failure to mitigate; and, the legal definition of “immediate family” for the purpose of bereavement leave.
Bardal Factors, bereavement leave, Definition of bereavement leave, duty to mitigate, employee failed to mitigate his damages, employee misconduct, Employer vicariously liable, employment law, human rights code, notice period, reasonable notice, sexual assault and harassment, vicarious liability, wrongful dismissal
November 3, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
A typical wrongful dismissal case (where cause is not an issue) generally involves two legal issues. First, how much reasonable notice of termination (or pay in lieu) should the employee have received based on the employee’s age, length of service, position, compensation and the availability of comparable employment. Second, did the employee mitigate his/her damages by finding alternative employment or failing to make reasonable efforts to do so during the notice period? Notably, a judge can decrease the notice period based on the employee’s unreasonable mitigation efforts.
contingency approach, duty to mitigate, employee’s mitigation efforts, employment law, mitigation earnings, notice period, pay in lieu of notice, re-employment, reasonable notice, summary judgment, termination, terminations, trust approach, wrongful dismissal
October 1, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Standard for Information and Communications, Wages and Compensation
Three popular articles this week on HRinfodesk deal with Ontario AODA requirements for 2016; EI premium rates for 2016; and the duty to mitigate.
Accessibility for Ontarians with Disabilities Act, AODA, duty to mitigate, EI premium rates for 2016, Employment Insurance, employment law, HR Law, payroll rates, settlement agreement, termination, terminations
August 24, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Recruiting and Hiring, Wages and Compensation
Recently, the British Columbia Supreme Court released a decision whereby poor contractual drafting on the part of the employer resulted the court finding that there was an operative three-year fixed term that could only be terminated early by paying the balance of the contract as damages minus any amounts earned as mitigation.
duty to mitigate, early termination clause, Early termination of employment contract, employer’s liability on termination, employment contract, employment law, fixed-term contract, minus any amounts earned as mitigation, mitigation income, paying the balance of the contract as damages, poor contractual drafting
February 5, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Standard for Employment, Training and Development, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with the disclosure of mental illness and a breach of employee privacy; the notice period and duty to mitigate; and, inducement, recruitment and reasonable notice.
breach of employee privacy, disclosure of mental illness, duty to mitigate, employment law, HRinfodesk, inducement, notice period, reasonable notice, recruitment, workplace conflict
January 23, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
The recent decision in Tossonian v. Cynphany Diamonds Inc. highlights the importance for both employees and employers to clearly specify the fundamental terms of an employment contract in writing including the “term” of the contract.
common law pay in lieu of notice, Danger of fixed term contract, duty to mitigate, early termination of fixed term contracts, Employee resignation, employment agreement, employment contract, employment law, fixed-term contract, fundamental terms of an employment contract, resigned from position, terms of employment
November 21, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
With the allegations against CBC Radio personality Jian Ghomeshi dominating the news over the past several weeks, it is useful to examine how the Ontario Human Rights Tribunal addressed allegations of workplace sexual harassment in the recent case of Horner v. Peelle Company Ltd. (2014) HRTO 1211.
duty to mitigate, employment law, human rights code, Jian Ghomeshi, lost wages, reprisal, romantic relationship, secured alternate employment, sexual harassment, sexual harassment policies, sexual solicitation or advance, workplace, workplace sexual harassment
November 5, 2014 Stringer LLP Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
In the wake of the Divisional Court’s decision in the Hamilton-Wentworth District School Board v Fair, human rights damages have been a hot topic. As you may recall, the Human Rights Tribunal of Ontario awarded significant damages in that decision which included an award of back pay for a period of approximately 10 years.
duty to mitigate, efforts to find alternative employment, employment law, failure to mitigate, Hamilton-Wentworth District School Board v Fair, human rights damages, Li v University Health Network, minimal lost income damages, notice period, termination, wrongful dismissal litigation
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
