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mitigate damages

By Alison J. Bird | 2 Minutes Read June 9, 2014

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

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:

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll, Union Relations / a constructively dismissed employee must mitigate their damages, constructive dismissal, continuing to work with the dismissing employer, duty to mitigate, employment law, Evans v Teamsters, Farwell v Citair Inc. (General Coach Canada), mitigate damages, mitigation, notice period, Supreme Court of Canada, termination, terminations, working conditions

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read December 12, 2013

Three of the most popular articles this week on HRinfodesk

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.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Health and Safety, Immigration, Payroll / 2013, alternative job offer, Bill 146, canadian employment law, duty to mitigate, employment and labour law, employment duties, employment law, employment standards act, Foreign workers, immigrants, Labour Relations Act, mitigate damages, occupational health and safety, Stronger Workplaces for a Stronger Economy Act, temp agencies, vulnerable workers, vulnerable workforc, wrongful dismissal

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