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failure to mitigate

By Barry B. Fisher LL.B. | 4 Minutes Read October 19, 2020

Damages reduced 25% due to failure to mitigate but full payment while too sick to look for work

In Maticevic v Bank of Montreal, the Adjudicator had to determine the damages owing to an employee who had been out of work for 29 months following an unjust dismissal. The Adjudicator found that the employee was too sick to work for about 22 months, but that he had no good excuse for the other 7 months, so he reduced the compensation by 25%.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards / failure to mitigate, Maticevic v Bank of Montreal, reduction of damages, unjust dismissal Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read September 3, 2020

Reduction of damages for failure to mitigate

Where an employee is found to have failed to mitigate their damages, their entitlement to damages may be significantly reduced. So what happens if an employee is too sick to look for new work? Does that count as a failure to mitigate?

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards, Payroll / disability leave, employment law, failure to mitigate, termination, unjust dismissal Leave a Comment

By Doug MacLeod, MacLeod Law Firm | 3 Minutes Read April 2, 2019

Are employees entitled to receive damages for variable compensation during the reasonable notice period?

Some employees receive a large percentage of their total remuneration in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this compensation calculated.

Article by Doug MacLeod, MacLeod Law Firm / Payroll / employment law, failure to mitigate, notice period for a terminated employee, shareholder bonus, variable compensation, variable compensation structure, wrongful dismissal

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