First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

failure to mitigate

By | 4 Minutes Read

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%.

By | 3 Minutes Read

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?

By | 3 Minutes Read

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.

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