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mitigation efforts

By SpringLaw | 3 Minutes Read January 12, 2022

The impact of the pandemic on termination entitlements

As the pandemic continues, and as we see more court decisions that analyze terminations that took place during the pandemic, we are gaining some clarity on how courts are viewing the impact the pandemic has had on a variety of factors.

Article by SpringLaw / Payroll / aggravated and punitive damages, Canada Emergency Response Benefit CERB, employment law, mitigation efforts, notice period, pandemic, temporary layoff, termination, termination entitlements

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read August 7, 2020

Character of employment

In 2017, the Ontario Superior Court of Justice reiterated the importance of character of employment in Skov v G&K Services Canada, in which the character of the plaintiff’s employment was in question.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Payroll / Bardal Factors, Mitigating damages, mitigation efforts, notice period, reasonable notice, termination

By Earl Altman | 4 Minutes Read March 14, 2014

Picky, picky: How selective can a dismissed employee be in mitigation efforts?

When advising a wrongfully terminated employee as to her legal rights and obligations, I always point out that a wrongful dismissal claim is not like winning the lottery. While employers are obligated to provide reasonable notice of termination or payment in lieu of such notice, terminated employees must make “reasonable efforts” to find new employment. As is often the case, the devil is in the details. What must a dismissed employee do to meet her obligation to mitigate? What have courts determined to be reasonable steps? What conduct has been held to be unreasonable? From whose perspective will reasonableness be judged–the employers or the employees?

Article by Earl Altman / Employee Relations, Employment Standards, Payroll / British Columbia Court of Appeal, compensation, dismissed employee, duty to mitigate, employee failed to take reasonable steps to find a job, employee’s mitigation choices, employee’s mitigation efforts, employment law, failure to mitigate, mitigation efforts, payment in lieu, reasonable notice of termination, refusal to accept a job offer, termination, terminations, trade or profession, wrongfully terminated employee

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