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By Vey Willetts LLP | 4 Minutes Read December 16, 2022

When is forty minutes too much?

Ontario employees who lose their job are required to take reasonable steps to replace their lost income. Severance is intended to bridge the gap while an individual is out of work, and there is a legal requirement that, where possible, a person take all reasonable steps to stem the flow of their losses.

Article by Vey Willetts LLP / Employment Standards, Payroll / constructive dismissal, employment law, failure to mitigate, re-employment, termination Leave a Comment

By Occasional Contributors | 2 Minutes Read November 11, 2019

Restructuring tools to minimize the risk of successful constructive dismissal claims

One of the biggest concerns for employers reorganizing in response to operational requirements is the potential for constructive dismissal claims by employees impacted by the changes.

Article by Occasional Contributors / Employee Relations, Employment Standards, Payroll / constructive dismissal, re-employment, recall to work, temporary layoff

By McCarthy Tétrault LLP | 3 Minutes Read November 3, 2015

Employers must “trust” employees to account for mitigation earnings during notice period

mitigation effortsA typical wrongful dismissal case (where cause is not an issue) generally involves two legal issues. First, how much reasonable notice of termination (or pay in lieu) should the employee have received based on the employee’s age, length of service, position, compensation and the availability of comparable employment. Second, did the employee mitigate his/her damages by finding alternative employment or failing to make reasonable efforts to do so during the notice period? Notably, a judge can decrease the notice period based on the employee’s unreasonable mitigation efforts.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / contingency approach, duty to mitigate, employee’s mitigation efforts, employment law, mitigation earnings, notice period, pay in lieu of notice, re-employment, reasonable notice, summary judgment, termination, terminations, trust approach, wrongful dismissal

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