mitigation income

Ontario Court of Appeal addresses the issue of what constitutes mitigation income

June 2, 2017 Rudner Law, Employment / HR Law & Mediation HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The Court addressed the issue of what constitutes mitigation income for purposes of assessing any required deductions from common law entitlements.

Brake v. PJ-M2R Restaurant Inc., employment law, mitigation, mitigation income, severance, Severance pay, termination pay

Poor drafting leads to finding of fixed term contract

August 24, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Recruiting and Hiring, Wages and Compensation

Recently, the British Columbia Supreme Court released a decision whereby poor contractual drafting on the part of the employer resulted the court finding that there was an operative three-year fixed term that could only be terminated early by paying the balance of the contract as damages minus any amounts earned as mitigation.

duty to mitigate, early termination clause, Early termination of employment contract, employer’s liability on termination, employment contract, employment law, fixed-term contract, minus any amounts earned as mitigation, mitigation income, paying the balance of the contract as damages, poor contractual drafting