Every employee suing for wrongful or constructive dismissal is required to mitigate his or her losses by taking reasonable steps to search for new work. This duty to mitigate is a topic that I have written about on several occasions. You can find links to these articles here and here. A question that I am … Continue reading How Long Can I Wait To Look For A New Job?
Mitigation
Can I Seek Re-Training and Still Sue for Wrongful Dismissal?
Any time an employee is dismissed without cause and chooses to sue the employer for wrongful dismissal, the employee is obligated to attempt to mitigate his damages, or minimize his losses, by looking for similar work. In Michaels v. Red Deer College, the Supreme Court of Canada confirmed that an employee must take reasonable steps to … Continue reading Can I Seek Re-Training and Still Sue for Wrongful Dismissal?
What makes for a reasonable job search after dismissal?
In a wrongful dismissal action, an employee has a duty or obligation to mitigate his or her losses by making reasonable efforts to search for new employment. This duty does not mean that the employee is required to take any job that is available, but the employee is required to look for a position comparable to … Continue reading What makes for a reasonable job search after dismissal?
Did You Know That The Early Termination of a Fixed Term Contract Requires Special Attention?
Generally speaking, employment agreements are either for an indefinite term or a fixed term. Either the employment relationship continues until the employer or the employee ends the relationship, or the employment agreement specifies a date when the employment relationship will end. A contract position to cover for a maternity leave is a good example of … Continue reading Did You Know That The Early Termination of a Fixed Term Contract Requires Special Attention?
Farwell v. Citair, Inc.: Constructive Dismissal by Demotion
One of the realities of running a business is that sometimes an employee's role has to change in order to ensure the efficient operation and, in some cases, the survival of that business. Unfortunately, despite an employer's well-meaning intentions, this kind of business decision can result in liability for constructive dismissal. This was the situation … Continue reading Farwell v. Citair, Inc.: Constructive Dismissal by Demotion