mitigate damages

Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost

August 19, 2019 Sean Bawden Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation, 0

Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?

comparable employment, employment law, mitigate damages, offer of new employment, wrongful dismissal

Employee awarded 12 months’ pay and $24k in legal fees from employer who undermined her efforts to find new employment

February 12, 2018 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

In a recent case titled Ste-Croix v. Al-Hashimi and Jawad Dentistry, following a termination without cause the Ontario Superior Court of Justice canvassed what constitutes “reasonable notice” and the factors the court will consider, what comprises reasonable efforts to mitigate damages, and when a motion for summary judgment is preferable to an unnecessary trial.

efforts to find new employment, employment law, mitigate damages, termination, termination without cause, wrongful dismissal

Constructive dismissal and employer prestige

January 31, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

In 2016, the Court of Appeal of Quebec has clarified that reduced employer prestige cannot, in itself, serve as grounds for constructive dismissal in the specific context of business acquisitions.

2108805 Ontario inc. v. Boulad, business acquisitions, constructive dismissal, employer prestige, employment contract, employment law, mitigate damages, terminations

Le congédiement déguisé et employeur prestige

January 31, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, French Based HR/RH Content, French Based Payroll/Gestion De La Paie Content, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

En 2016, la Cour d’appel du Québec a conclu que, dans le contexte de l’aliénation d’une entreprise, le fait pour un employé de passer à un employeur moins prestigieux ne peut, en soi, constituer un congédiement déguisé.

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Refusing a 50 km commute not a failure to mitigate

October 17, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations

In wrongful dismissal litigation, one of the key issues is always the dismissed employee’s duty to mitigate. When an employee is terminated or constructively dismissed, he or she has a positive obligation to minimize his or her damages by seeking out comparable, alternate employment. Anything the employee earns in the common law notice period is subtracted from what the company owes. An issue that often arises is whether or not it was reasonable for an employee to refuse exploring a potential new job because of the length of the commute.

common law notice, constructively dismissed, employment law, failure to mitigate, Marsland v. City of Toronto, mitigate damages, wrongful dismissal

Three popular articles this week on HRinfodesk

October 6, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: a case where an employee was deemed to be constructively dismissed after a temporary layoff; a decision that leaves employers questioning their bonus policies; and salary projections for 2017 released by The Conference Board of Canada.

2017 salary projection, bonus plan, bonus policies, Conference Board of Canada 2017 salary projection, constructively dismissed, damages for wrongful dismissal, employment law, employment standards act, mitigate damages, reasonable notice, temporary lay-off

The latest: When does a constructively dismissed employee have to stay with their employer?

June 9, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations

In 2008, the Supreme Court of Canada issued Evans v Teamsters Local Union No. 31, [2008] 1 S.C.R. 661, one of the leading decisions on constructive dismissal in Canada. In that case, the Court held that a constructively dismissed employee must mitigate their damages by continuing to work with the dismissing employer if a reasonable person would accept this mitigation opportunity. In determining whether it is reasonable to mitigate by working for the dismissing employer, the Court stated that one should consider the following factors:

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Three of the most popular articles this week on HRinfodesk

December 12, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll

Three of the most popular articles this week on HRinfodesk deal with significant changes to employment and labour law in Ontario, wrongfully dismissing an employee for refusing to sign an updated list of duties, and an employee’s duty to mitigate.

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