Mitigation Of Damages

Employers Can Be Responsible for Significant Mitigation Costs

There are certain circumstances in which the duty to mitigate does not arise. The first is where there is a termination clause in an employee’s employment agreement which does not expressly require an employee to mitigate their damages during the applicable period of notice. The second is with respect to an employee’s minimum statutory entitlements under employment standards legislation, including an employee’s entitlement to notice/Termination Pay and Severance Pay, which an employee is entitled to receive regardless of their mitigation efforts.
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Potential Damages in Wrongful Dismissal

Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.
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Recording Conversations

To Record or Not to Record

You have probably heard of the Omarosa / Trump story by now. Put simply, reality TV star and former White House special assistant Omarosa Manigault Newman surreptitiously recorded conversations between President Trump and Chief of Staff John Kelly. While we do not know how the recordings were captured, this does raise questions about whether employees can - and more importantly, whether they should - record conversations in their workplace.
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Termination Clauses

Termination Clauses

Over the past few years, we have seen countless cases in which dismissed employees have argued that, for one reason or another, they should not be held to the terms of the termination clause in their employment agreement. While the cases have taken a variety of approaches and made it difficult to identify a guiding principle that would withstand the next decision, the recent trend seems to be a willingness to enforce the intent of the parties.
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Impaired Driving And Employment

Drinking and Driving May NOT be Cause for Dismissal

Previous court decisions have confirmed that an employee’s conduct outside of work may form the basis for the termination of their employment. However, not all misconduct outside of work will constitute just cause, as confirmed in the recent British Columbia Supreme Court case of Klonteig v. District of West Kelowna, 2018 BCSC 124.
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Employers Must Ask Questions First

Inquire Before You Fire

Employer ordered to pay aggravated damages for refusing to listen employee’s side of the story before firing him Termination of employment is usually a very stressful and difficult time for an employee. This is especially true when the dismissal is…

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