A 67-year-old printing specialist who was terminated during the COVID-19 pandemic has been awarded 24 months’ notice for wrongful dismissal by the Supreme Court of Nova Scotia. But the court …
Duty to Mitigate
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FeaturedWrongful Dismissal
Trucking company worker failed to mitigate damages by accepting job offer that owner helped arrange: Ontario court
by Todd Humberby Todd Humber“No good deed goes unpunished.” That’s how an Ontario judge described an attempt by the owner of a failed trucking company to help a long-serving worker land another job. Justice …
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Employment ContractsFeaturedSmall Claims Court
Respite care worker’s award for breach of contract slashed after she fails to provide evidence around mitigation
The British Columbia Civil Resolution Tribunal (CRT) has slashed its award in a contract dispute case involving a respite care worker after she admitted to returning to a previous job …
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FeaturedWrongful Dismissal
B.C. pellet plant supervisor, laid off during pandemic, failed to mitigate her damages by refusing offer to return
A plant supervisor at a pellet company in British Columbia who was laid off during the pandemic, and took the position she had been terminated, failed to mitigate her damages …
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FeaturedWrongful Dismissal
Ontario dentist that accused terminated worker of falsifying job-search records loses appeal
An Ontario employer that accused a terminated worker of falsifying job-search records has lost its appeal that she failed to mitigate her damages. SG was terminated without cause from her …
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FeaturedWrongful Dismissal
Heavy-duty mechanic, kept on payroll beyond working notice period, wins wrongful dismissal
What happens if you give an employee working notice, and then keep the worker on the payroll past the termination date? For one Alberta employer, it meant the working notice …
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Top stories this week from HR Law Canada include: • Worker’s case that loss of truck amounted to constructive dismissal was ‘Ram tough’: Court • Newspaper GM had no obligation …
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FeaturedWrongful Dismissal
Newspaper GM had no obligation to search for ‘lesser-paying job’ to fulfill duty to mitigate, Ontario Court of Appeal rules
The Ontario Court of Appeal has overturned a lower court ruling that a newspaper executive failed to mitigate her damages. The court said employees aren’t required to take a lesser …