Topic
Duty to Mitigate
20 published works
Rudner Law Blog
Mitigation: Case Law Update
By David Gelles
The duty to mitigate requires an employee who has been wrongfully dismissed to make reasonable efforts to mitigate their damages (i.e.: lost employment income) by finding comparable employment. The key…
Achkar Law Blog
Duty to Mitigate Wrongful Dismissal Claims Explained
Losing your job unexpectedly can feel overwhelming, especially if you believe you were wrongfully dismissed. In British Columbia, employees terminated without just cause are often entitled to notice or severance…
Rudner Law Blog
We Are Never, Ever Getting Back Together… Unless?
By David Gelles
It’s natural to want a clean break and a fresh start after the end of an employment relationship. In most cases, employees can find new opportunities without looking back. However,…
Achkar Law Blog
Constructive Dismissal and the Duty to Mitigate: Case Analysis
Experiencing dismissal or layoffs can be a daunting ordeal, especially in times of uncertainty, such as the ongoing pandemic. For employees who find themselves wrongfully dismissed or constructively laid off,…
Stacey R. Ball Blog
What is the Duty to Mitigate and How does it Work?
What is Mitigation? When an employee is terminated without cause, they have a duty to make reasonable attempts to find comparable employment in order to mitigate their losses from the…
Employment & Human Rights Law in Canada
Mitigation Part 1: What is the Duty to Mitigate in Claims of Wrongful Dismissal?
By Charles Ball
The duty to mitigate is one of the few employee obligations in a wrongful dismissal dispute, and it can reduce a defendant employer’s liability significantly. What is the Duty to…
Stacey R. Ball Blog
The Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic
The Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic In recent Ontario decisions, terminated employees have been awarded higher notice periods due to, in part, their clear efforts…
Stacey R. Ball Blog
How to Fulfil Your Duty to Mitigate
Duty to Mitigate Overview Once dismissed, an employee assumes the duty to mitigate. This means they are expected to minimize their losses by making reasonable attempts to find alternative employment.…
Dutton Employment Law Blog
The Duty To Mitigate
By Jeff Dutton
The duty to mitigate is the rule that individuals who are dismissed from work must look for a new job ... The post The Duty To Mitigate appeared first on…
Stacey R. Ball Blog
Should You Accept Alternate Work In Same Company
Sometimes, after an employee is constructively dismissed or terminated, the employer later offered them a job at the same company. In this situation, it is important for the employee to…