Mitigation

July 11, 2012

No Mitigation Requirement If Employment Agreement Specifies Notice Period

If an employee has a valid, enforceable employment agreement, with a specific severance term – does the employer still have to pay the whole amount even […]
October 25, 2012

Wrongfully Dismissed Employees May Be Required to Return to Work if “Recalled”

Can an employer “recall” an employee back to work as a way of avoiding a wrongful dismissal lawsuit?  Even if the employee was wrongfully dismissed?  Since […]
February 15, 2013

Wrongful Dismissal: Supervisor awarded 20 Months

When dismissing large numbers of employees, employers use widely different strategies.  Some employers choose to provide relatively fair severance proposals, negotiate if necessary, and minimize their […]
April 18, 2013

Non-Competition Clause Can Increase Wrongful Dismissal Damages Award

Will a court award extra damages in a wrongful case where the employee is subject to a non-competition clause?  A recent Ontario case held that this […]