Employers’ strategic use of employees’ duty to mitigate
Mitigation of damages in the context of a wrongful dismissal claim is one of those concepts that is often referred to but not well understood.
Court of appeal rejects ‘double counting’
Most employers understand a claim for damages for wrongful dismissal as arising from the termination of an employee’s employment without adequate cause or notice. It can be argued that this in fact reflects a misconception of the nature of the employment contract. Except in certain limited cases of federally regulated companies,...
Enforceable dismissal clauses
One crucial piece of advice that I offer to employers is to have every single employee sign an employment agreement that, if nothing else, sets out what will happen in the event of dismissal without cause. The reason for this suggestion is simple: without a contractual dismissal provision, an employer’s obligations in the event of dismissal without cause are unpredictable and often extensive.
