Sentences with phrase «mitigate wrongful dismissal»

Not exact matches

In that case the Ontario Superior Court held that one could both continue working for his former employer in an effort to mitigate damages and maintain a lawsuit against that employer for wrongful dismissal.

By: Whitten and Lublin Category: Constructive Dismissal, Employment Contracts, Mitigation, Wrongful Dismissal Comments Off on Failure to Mitigate defeats employee's winning claim

By: Whitten and Lublin Category: Mitigation, Reasonable Notice, Resignation, Severance Packages, Wrongful Dismissal Comments Off on The duty to mitigate: working for my former boss!

Other decisions that have reduced the wrongful dismissal damage award because the dismissed employee failed to properly mitigate his or her damages include Walsten v. Kinonjeoshtegon First Nation5, Ata v. Carter Pontiac Buick Ltd. 6 and Evans v. Teamsters Local Union No. 31.7

The Duty to Mitigate Loss is an obligation put on all former employees who claim wrongful dismissal.

Given that both wrongful dismissal and constructive dismissal are characterized by employer - imposed termination of the employment contract (without cause), there is no principled reason to distinguish between them when evaluating the need to mitigate.

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.

This is because there is no reason to distinguish between a constructive dismissal and a wrongful dismissal when evaluating the duty to mitigate since both types of dismissals are the result of the employer terminating the employment contract without cause.

If the employee fails to return to work the employer will be able to argue, potentially successfully, that the employee failed to mitigate his or her damages and therefore should not be entitled to wrongful dismissal damages.

In reaching its decision the majority of Supreme Court of Canada held that there is no reason to distinguish between constructive dismissal and wrongful dismissal when evaluating the duty to mitigate.

A claim for wrongful dismissal damages is subject to the employee's duty to mitigate.

As before, the takeaway for employers with labour pains is that there are ways to mitigate your exposure to claims of wrongful dismissal.