Skip to main content

Topic

Duty to Mitigate

20 published works

  1. 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…

  2. Achkar Law Blog

    Duty to Mitigate Wrongful Dismissal Claims Explained

    By Christopher Achkar

    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…

  3. 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,…

  4. Achkar Law Blog

    Constructive Dismissal and the Duty to Mitigate: Case Analysis

    By Christopher Achkar

    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,…

  5. Stacey R. Ball Blog

    What is the Duty to Mitigate and How does it Work?

    By Stacey R. Ball

    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…

  6. 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…

  7. Stacey R. Ball Blog

    The Consequence of Failing to Mitigate, Even During the COVID-19 Pandemic

    By Stacey R. Ball

    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…

  8. Stacey R. Ball Blog

    How to Fulfil Your Duty to Mitigate

    By Stacey R. Ball

    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.…

  9. 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…

  10. Stacey R. Ball Blog

    Should You Accept Alternate Work In Same Company

    By Stacey R. Ball

    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…