Sentences with phrase «dismissed employees in the position»

Damages for wrongful dismissal are typically calculated so as to place dismissed employees in the position they would have been in but for the breach of contract.

Not exact matches

A Tesla spokesman also revealed that most of the employees dismissed were in administrative and sales positions.

But there is nothing in the Code or in its purpose that suggests that Parliament was granting non-unionized employees a «right to the job» or was trying to place unionized and non-unionized employees in the same position: protected from being dismissed without cause.

Thus, as with the obligation to accept that first position that comes along, a reasonable amount of time will be extended to dismissed employees to look for alternate employment in their own «backyard,» before the law will expect that employee to go looking farther afield.

a reasonable person in the [employee's] position would not have considered himself to have been constructively dismissed when the bonus on the sale of the Ellersie lands was refused.

Justice Feldman reasoned that where a wrongfully dismissed employee is forced, because of financial considerations, to accept an inferior position because no comparable positions are available, the amounts earned in that inferior position should not be deducted from the damages award.

After reorganizing a business, employers must take care that the terms of settlement and new employment they offer to their employees do not provide a basis for a dismissed employee to reasonably refuse to take the position in order to mitigate damages for wrongful dismissal.

That said, I have a certain affinity for Justice Perell's comments about the cynicism inherent in the position that a dismissed employee will «sit on his hands» after receiving a large severance package.

... there is absolutely nothing wrong with the (employee), dismissed from a 25 - year position at age 58, including planned attendance at the trial relating to the murder of her brother as a contextual factor in her search for a new position.»

In Palumbo v. Research Capital Corporation3 the Court found that the plaintiff, who held the position of head of corporate finance in Toronto, had been constructively dismissed when the employer assigned duties formerly held exclusively by the plaintiff to another employeIn Palumbo v. Research Capital Corporation3 the Court found that the plaintiff, who held the position of head of corporate finance in Toronto, had been constructively dismissed when the employer assigned duties formerly held exclusively by the plaintiff to another employein Toronto, had been constructively dismissed when the employer assigned duties formerly held exclusively by the plaintiff to another employee.

In these negotiations an employer will typically take the position that: (i) the employee was not constructively dismissed, and (ii) even if the employee was constructively dismissed, applying Evans, the employee should have remained with the employer to mitigate his or her damages.

The dismissed employee is placed in the unenviable position of having to decide whether to limit their claim to $ 25,000 or claim a higher amount and risk the possibility that the judge will refuse to award costs if the damage award is ultimately less than $ 25,000.

In other words, an employer must ask a dismissed employee to return to the workplace if it intends to take the position that the constructively dismissed employee failed to mitigate his or her damages by leaving the workplace.

The duty to «act reasonably», in seeking and accepting alternate employment, can not be a duty to take such steps as will reduce the claim against the defaulting former employer, but must be a duty to take such steps as a reasonable person in the dismissed employee's position would take in his own interests — to maintain his income and his position in his industry, trade or profession.

This requirement places a significant hurdle in front of any employee considering claiming a constructive dismissal because even if the employee is able to prove that he or she was constructively dismissed, the court may still take the position that the employee should have remained working for the employer in order to mitigate his or her damages.

Specifically, Feldman J.A. found that while a wrongfully dismissed employee must make reasonable efforts to obtain comparable employment, if the employee can only secure a position that is not comparable in either salary or responsibility, the employee is entitled to turn it down without having the income potentially earned from that inferior position deducted as mitigation.

To justify this position, the employer will often point to language in its bonus policy that requires the dismissed employee to be «actively employed» at the time bonus is paid.

The question whether or not the employee has acted reasonably must be judged in relation to his own position, and not in relation to that of the employer who has wrongfully dismissed him.