mitigation
December 19, 2018 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation,
This blog focuses on the issues surrounding statutory minimums and waiving out, leaving the issue of restrictive covenants raised in the cross appeal for another day.
employment contract, employment law, mitigation, notice entitlements, restrictive convenants, Severance pay, statutory minimums, Termination clause
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
May 31, 2017 Jeff Dutton, Dutton Employment Law 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
The Ontario Court of Appeal, in Brake v. PJ-M2R Restaurant Inc., recently clarified the law of mitigation.
Brake v. PJ-M2R Restaurant Inc., employment law, mitigation, Mitigation of damages, notice period, reasonable notice, termination, wrongful dismissal
August 8, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
A recent decision of the BC Court of Appeal provides a cautionary tale for BC employers seeking to remedy a potential wrongful dismissal.
"make whole" remedy, Bhasin v. Hrynew, damages, employment law, employment relationship, good faith, honesty in contractual dealings, layoff, mitigation, offer of employment, offer of re-employment, Potter case, Potter v. New Brunswick Legal Aid Services Commission, recording conversation with employee, termination, wrongful dismissal
August 4, 2016 Cristina Lavecchia Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Standard for Customer Service, Standard for Employment, Standard for Information and Communications, Training and Development, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: legislative amendments that expanded the access to Employment Insurance benefits; a case where a former employee was awarded six months’ compensation in lieu of notice after she had declined a severance package offered to her by the employer; further recent updates regarding the Accessibility for Ontarians with Disabilities Act.
access to employment insurance benefits, Accessibility for Ontarians with Disabilities Act, accessible formats and communication supports, AODA, compensation in lieu of notice, customer service policies, damages for breach of contract, Employment Insurance Act, employment insurance benefits, Employment Insurance Regulations, employment law, employment standards act, integrated accessibility standards, mitigation, NERE, New Entrants and Re-Entrant provisions, persons with disabilities, reasonable notice, service animal
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:
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
November 28, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development
Three popular articles this week on HRinfodesk deal with an employer’s miscalculation of the employee’s notice period; how an Alberta employer paid the price for failing to accommodate an employee’s disabilities; and Ontario’s new mandatory occupational health and safety training.
Alberta, canadian employment law, common law, common law notice, Disability, duty to accommodate, duty to mitigate, employment law, failing to accommodate, HRinfodesk, human rights commission, mandatory occupational health and safety training, mitigation, notice period, occupational health and safety act, ontario, returning to work, Small claims, termination, termination dates, termination notice, terminations, training records, workers and supervisors
September 9, 2013 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
Most of the time when employers look to terminate an employee they opt for pay in lieu of notice. Yet pay in lieu of notice can be costly, it can discourage mitigation and it may hurt productivity (if a suitable replacement has yet to be found). An often overlooked approach is providing working notice that satisfies both statutory and common law obligations.
canadian employment law, common law, common law notice, duty to mitigate, employee productivity, employment law, mitigation, pay in lieu of notice, Plant closures, properly structured termination, providing working notice, severance obligation, statutory and common law obligations, statutory severance pay, termination, termination notice, terminations, working notice, workplace
July 10, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
A recent decision by the British Columbia Court of Appeal highlights the importance of carefully crafting written employment agreements whenever shares are issued as part of employee compensation.
benefit-related documents, British Columbia Court of Appeal, employee compensation, employee was required to sell his shares, employment agreements, employment contract, employment contracts, employment terminated without cause, issuing shares, mitigation, post-termination, proportion of shares to be issued to each employee from an available pool based upon a number of objective and subjective factors, quantum of reasonable notice, reasonable notice, shareholders’ agreement, terminated without reasonable notice, termination, termination with cause, terminations, without notice
April 27, 2012 Christina Catenacci Employment/Labour Standards, Human Resources
The Ontario Superior Court of Justice just decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs award
Age at termination, damages, employment law, long-term employee, mitigation, notice period, reasonable notice, reasonable termination notice, statutory obligations, statutory requirements, Statutory severance, supervisor, termination, termination notice, termination without cause, wrongful dismissal, years of service
March 22, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits
Most employers are familiar with the potential legal exposure to damages that arises from dismissing an employee without cause. The damages are normally quantified by the value of compensation the dismissed employee would have received during the agreed-upon or court-ordered period of reasonable notice. However, most employers would not contemplate the possibility of having to pay the dismissed employee the value of disability benefits he or she would have received under a disability insurance policy until age 65…
Brito et al. v. Canac Kitchens, cancer of the larynx, Disability benefits, Echlin, employment standards act, long-serving, Long-term disability, LTD, mitigation, severance, short-term disability, statutory minimum, termination, termination notice, termination pay, termination without cause, totally disabled, wrongful dismissal
March 1, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
The recent decision of the British Columbia Supreme Court in Szczypiorkowski v. Coast Capital Savings Credit Union is not particularly groundbreaking, but it does affirm a number of important points for employers…
annual bonus, Bardal, Bonus entitlement on termination, breach of policy, employment law, Ferguson v. Kodak Canada Inc., inappropriate email, just cause, mitigation, notice period, reasonable notice, reference letter, sexual harassment, Szczypiorkowski v. Coast Capital Savings Credit Union, termination, withdrawing just cause claim, wrongful dismissal
February 23, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
Constructive dismissal, while still a source of concern for employers, is likely less of a threat than it is sometimes thought of. Employees placed in potential constructive dismissal suits must be very careful, or else they may find they have very limited recovery. However, an employer in British Columbia has attempted to push the weaknesses of constructive dismissal to the extreme. In fact it appears to have tried to push the concept farther than it can reasonably bear.
Allen v. Ainsworth Lumber Company, common-law notice period, constructive dismissal, contractual notice period, employment contracts, employment law, mitigation, termination, termination notice, working notice
February 15, 2012 Matt Lalande, Lalande & Company Lawyers Employment/Labour Standards, Human Resources
The case of Olivares v. Canac Kitchens (another in the long list of wrongful dismissal accounts against Canac Kitchens) arose from the termination of a 24-year employee. The employee was an uneducated shipping supervisor with poor English, who oversaw a team of loaders and coordinators. His salary was approximately $93,000, including overtime pay and benefits. He spent his entire Canadian working life with the company, communicating almost exclusively in Spanish. In May 2008, Canac Kitchens ceased its manufacturing operations and, as a result, Olivares was left looking for work…
Bardal Factors, Canac Kitchens, Di Tomaso v. Crown Metal Packaging Canada, employment law, employment standards act, hiring a lawyer, Keays v. Honda, mitigation, Olivares v. Canac Kitchens, payment in lieu of notice, termination, wrongful dismissal
January 11, 2012 Matt Lalande, Lalande & Company Lawyers Employee Relations, Employment/Labour Standards, Human Resources
Employers should never accept resignations from employees that are upset. It simply casts a “wider net of possible financial exposure” if things turn nasty. In other words, judges or juries probably won’t sympathize with the issue of resignation acceptance if the employee is genuinely and legitimately upset (not because someone misplaced their red stapler).
employment law, Kieran v. Ingram Micro, mitigation, notice of resignation, notice period, offer to resign, quit or be fired, reasonable notice, resignation, termination, valid resignation, voluntary acceptance, withdraw resignation, wrongful dismissal, wrongful resignation
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
