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duty to mitigate

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

Decisions clarify the duty to mitigate

Job 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 Leave a Comment

By Vey Willetts LLP | 3 Minutes Read October 15, 2021

Old age and the duty to mitigate loss

Employment lawyers spend a lot of time thinking about age. A worker’s age can have a myriad of implications, ranging from available training opportunities to the impact of different generational norms. Age is also frequently a focus in wrongful dismissal litigation. The seminal decision of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC) specifies that a worker’s age is one of the key components that must be assessed when determining dismissal entitlements.

Article by Vey Willetts LLP / Employment Standards, Payroll / age, duty to mitigate, employment law, severance, wrongful dismissal claim

By Occasional Contributors | 5 Minutes Read March 31, 2020

COVID-19 and force majeure: A word of caution

The insurgence of the novel COVID-19 pandemic and its ensuing effect on the domestic and global economies has required companies to consider potential remedies should they, or their counterparties, not be able to perform under contracts. One potential remedy is force majeure.

Article by Occasional Contributors / Business, Finance and Accounting / contractual agreement, doctrine of frustration, duty to mitigate, force majeure, risk, risk allocation tool

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