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offer of re-employment

By McCarthy Tétrault LLP | 3 Minutes Read August 8, 2016

Make whole remedies and good faith crucial to mitigation

A recent decision of the BC Court of Appeal provides a cautionary tale for BC employers seeking to remedy a potential wrongful dismissal.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / "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

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read February 18, 2011

Mitigating damages in a time of uncertainty

The mitigation of damages has become a hot employment law issue. In this recent British Columbia case, the employee was entitled to damages for wrongful dismissal after the employer terminated her during the economic downturn. Although the employer argued that the employee failed to mitigate her damages when she did not accept the employer’s subsequent offer of re-employment, the Court found that the uncertainty of work and payment was such that the employee did not act unreasonably when she declined the job offer. Thus, the employee was entitled to 12 months’ termination notice.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employment Standards / alternative employment, attempts to find alternate employment, British Columbia, duty to mitigate, economic downturn, employment contract, employment law, Job offer, Mitigating damages, offer of re-employment, termination, termination notice, wrongful dismissal

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