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failure to mitigate

By Barry B. Fisher LL.B. | 2 Minutes Read May 15, 2023

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

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

Article by Barry B. Fisher LL.B. / Business, Employee Relations, Employment Standards, Payroll / backpay, employment law, failure to mitigate, termination, wrongful dismissal Leave a Comment

By Vey Willetts LLP | 4 Minutes Read December 16, 2022

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.

Article by Vey Willetts LLP / Employment Standards, Payroll / constructive dismissal, employment law, failure to mitigate, re-employment, termination 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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