re-employment

Restructuring tools to minimize the risk of successful constructive dismissal claims

November 11, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

constructive dismissal, re-employment, recall to work, temporary layoff

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

November 3, 2015 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 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.

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

Ontario Superior Court takes “trust” approach to mitigation at summary judgment

August 5, 2015 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Summary judgment has increasingly become a process used to litigate wrongful dismissal actions. It can be attractive as it allows the parties to avoid going through a more costly and time-consuming trial. However, the efficiency of this process raises other issues. Because parties can bring a summary judgment motion early on in the proceedings, a decision may be rendered prior to the expiry of the reasonable notice period at common law. This raises the question as to how to deal with the issue of mitigation.

actively mitigate damages, damages, duty to mitigat, issue of mitigation, mitigation earnings, re-employment, reasonable notice period, reasonable notice period at common law, reasonable notice period award, summary judgment motion, The contingency approach, The partial summary judgment approach, The trust and accounting approach, trust approach to mitigation, written agreement, wrongful dismissal

Sweeping changes at the WSIB – Learn the latest

June 1, 2011 Christina Catenacci Conferences, Health and Safety, Human Resources

There have been some sweeping changes at the Ontario Workplace Safety and Insurance Board (WSIB) this year. Are you ready for the new return-to-work and New Experimental Experience Rating (NEER) policies? And do you know about the soon-to-be effective Bill 160? Come join us at the annual Employment Law Conference to Learn the latest.

Bill 160, Colleges and Universities, early and safe return to work, employment law, Labour Market Re-entry Program, Ministry of Labour, Ministry of Training, NEER policies, New Experimental Experience Rating, new work reintegration policies, re-employment, return to work policies, return-to-work program, workers compensation, Workplace Safety and Insurance Board, wsib

A new return-to-work approach: WSIB work reintegration policies

March 2, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Health and Safety, Human Resources, Human Rights

Interim changes to work reintegration policies under the Workplace Safety and Insurance Act came into force recently. The new work reintegration policies formally integrate existing policies on early and safe return to work, re-employment and labour market re-entry.

duty to accommodate, early and safe return to work, employment law, Labour Market Re-entry, policies and procedures, re-employment, Return to work, Return to work policy, RTW, suitable occupation, undue hardship, Work transition, work-related disease, work-related injury, workers compensation, Workplace Safety and Insurance Act, wsib, WSIB work reintegration policies