Time to Expand the Search? The Duty to Mitigate in a Remote Work World
Individuals in Ontario have a duty to mitigate their loss of employment when seeking damages for wrongful (or constructive) dismissal. In practical terms this means that while employees may be able to seek damages from their former employer (to put them in the position they would have been had they received adequate notice of termination), they must make reasonable efforts to replace their lost income by looking for, and accepting, other comparable work.
When are employers at risk of aggravated damages awards?
What to do After Losing Your Job
Smoking Gun or Poisoned Chalice? Employee Use of Secret Recordings at Work
As we have written in an earlier article, a relatively common question employment lawyers receive (from both employees and employers) is whether it is lawful to secretly record conversations at work. Individuals may be motivated to take this step for a number of reasons, such as trying to capture evidence of misconduct, or to safeguard against allegations arising from a contentious meeting.
When is 2.5 Months "Reasonable Notice" of Dismissal?
In wrongful dismissal cases, absent a lawful written contractual entitlement, the courts conduct an individualized assessment to determine what would be reasonable notice of the dismissal. In a recent contribution to First Reference Talks (a collaborative HR and employment law advisory blog), Paul Willetts highlighted two wrongful dismissal cases where the short-service plaintiffs who otherwise differed significantly (in terms of age, compensation and character of employment), both received a 2.5 month notice period.
Taking It Back: When can an Employee Retract a Resignation from Employment?
Top Five Things to Consider When Dismissing an Employee
The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.
The process your organization follows when carrying out a termination of employment is important. It can have a big impact on the affected individual and, if done carefully, can reduce the potential risk of liability to your organization.