reasonable person

When does a constructively dismissed employee have to remain in their employment?

December 10, 2012 Alison J. Bird Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

Since the Supreme Court of Canada’s decision in Evans v. Teamsters Local Union No. 31, [2008] 1 S.C.R. 661, there has been a great debate surrounding whether a constructively dismissed employee must remain in their employment with the dismissing employer in order to mitigate their damages. In that case, the Court found that in some circumstances, the duty to mitigate will require an employee to remain in their employment. However, an employee is not required to remain with the employer if he or she would be required to work in an atmosphere of hostility, embarrassment or humiliation.

constructive dismissal, constructively dismissed employee, duty to mitigate, embarrassment or humiliation, employment law, failure to mitigate, reasonable efforts, reasonable person, refusing to remain in one's employment, return to work for the dismissing employer, work in an atmosphere of hostility

Lack of facts doesn’t keep a good judge down

June 27, 2012 Earl Altman Employee Relations, Human Resources

In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had allegedly stolen a business idea. The facts of the case are not unique; indeed, they arise frequently in the give-and-take between employer and employee.

Alberta, Breach of duty, breach of duty of confidence, confidential information, confidentiality, conflict of interest, duty of confidence, employment agreement, employment law, fiduciary duty, fiduciary obligation, Lac Minerals v. International Corona Resources Ltd., misappropriation of confidential information, reasonable man test, reasonable person, reasonableness