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failure to mitigate

By | 2 Minutes Read

Failing to offer full backpay means employee did not fail to mitigate by refusing to return to work after dismissal

In Northern Air Charter (PR) Inc v Dunbar, 2023 ABKB 171, Justice Woolley sitting on an appeal, had to deal with an increasing common situation.

By | 4 Minutes Read

When is forty minutes too much?

Ontario employees who lose their job are required to take reasonable steps to replace their lost income. Severance is intended to bridge the gap while an individual is out of work, and there is a legal requirement that, where possible, a person take all reasonable steps to stem the flow of their losses.

By | 4 Minutes Read

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”).

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