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By Vey Willetts LLP | 3 Minutes Read September 15, 2023

Independent contractors have a duty to mitigate loss of fixed-term work

We have continually cautioned readers about the use of fixed-term employment contracts. The reason is simple: should fixed-term contracts be ended early, there is a high probability that dismissed employees may be entitled to payment for the balance of the remaining term.

Article by Vey Willetts LLP / Business, Employment Standards, Payroll / dependent contractors, duty to mitigate, employment law, fixed-term contracts, fixed-term work, independent contractors, worker classification Leave a Comment

By Barry B. Fisher LL.B. | 4 Minutes Read June 19, 2023

Refusing a return to work after layoff found to be a complete failure to mitigate

In Blomme v. Princeton Standard Pellet Corporation, 2023 BCSC 652, Justice Mac Naughton had a situation involving a 64 year old Plant Supervisor with 20 years service in a small town who was initially laid off due to COVID on April 4, 2020 with an unexpected date of recall.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / Covid19, duty to mitigate, employment law, failure to mitigate, layoff, notice period, termination, wrongful dismissal Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read November 4, 2022

Decisions clarify the duty to mitigate

notice periodJob loss almost always comes as a shock. Many people define themselves by their job — when this disappears, it takes part of their identity. Luckily, job loss does not usually mean an immediate loss of income, since most dismissals involve some financial payment (usually referred to as “severance”).

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards / duty to mitigate, employment law, failure to mitigate, job loss, severance, termination, termination pay 1 Comment

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