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mitigate damages

By Occasional Contributors | 3 Minutes Read January 31, 2017

Le congédiement déguisé et employeur prestige

unjust dismissalEn 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.

Article by Occasional Contributors / Employee Relations, Employment Standards, Payroll / 2108805 Ontario inc. v. Boulad, acquisitions d'entreprises, atténuer les dommages, business acquisitions, changement unilatéral, congédiement déguisé, constructive dismissal, Contrat de travail, Droit de l'emploi, Droit du travail, employ prestige, employer prestige, employment contract, employment law, Gestion des Ressources Humaines, mitigate damages, mitiger ses dommages

By Simon Heath, BA, MIR, LLB, Heath Law | 2 Minutes Read October 17, 2016

Refusing a 50 km commute not a failure to mitigate

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.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employment Standards, Payroll, Union Relations / common law notice, constructively dismissed, employment law, failure to mitigate, Marsland v. City of Toronto, mitigate damages, wrongful dismissal

By Cristina Lavecchia | 2 Minutes Read October 6, 2016

Three popular articles this week on HRinfodesk

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.

Article by Cristina Lavecchia / Employee Relations, Employment Standards, Payroll, Union Relations / 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

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