Discipline and Dismissals - Articles & Videos
This decision serves as an important reminder for employers to ensure there is a strong and enforceable written employment agreement in place allowing temporary layoffs.
Does a Dismissed Employee Have an Obligation to Return to Work in Order to Mitigate their Damages? It Depends!
All employees who are dismissed have a duty at common law to mitigate their damages by finding comparable replacement employment as quickly as possible.
When an employee has a cause of action against their current or former employer, there may be multiple venues available to them to pursue damages. Generally speaking, the employee must choose one venue in which to seek their damages.
In this update, Stuart talks about frustration of contract – and to be clear, that doesn’t mean someone is frustrated. Frustration of a contract occurs at law when the circumstances change and it becomes impossible to fulfill.
Is there a limit to the amount of notice an employee can be awarded – and if there is when will a Court award reasonable notice more than this amount?
Stuart has heard people say they’d rather bankrupt a company than pay a plaintiff the severance they’re seeking – but he usually takes this with a big grain of salt. However, in one Alberta case, this is exactly what the company tried.