A British Columbia Supreme Court judge has corrected a calculation error in a wrongful dismissal case, ruling that an employee’s earnings after the notice period should not be deducted from …
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Arbitration/Labour RelationsFeaturedUncategorized
Court upholds arbitration ruling on severance rights for two Saskatchewan Polytechnic workers after reassignment
Saskatchewan Polytechnic (SP) has failed in its attempt to overturn an arbitrator’s decision that granted severance pay to two employees who accepted reassignment before a key legal interpretation was changed. …
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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
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 …
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FeaturedWrongful Dismissal
B.C. Supreme Court deducts CERB payments from notice period for former waterpark worker
The Supreme Court of British Columbia has deducted CERB benefits from the notice period in a recent ruling. Harold Frederiks was employed at Splashdown Waterparks from 2000 to 2016. A …
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FeaturedWrongful Dismissal
Fired Scotiabank manager failed to mitigate her damages by not accepting offer to come back for 32 months as she negotiated return
Terminated employees have a duty to mitigate their damages by looking for and accepting new employment. That duty was put under the microscope in a fascinating case involving a Scotiabank …