Duty to Seek New Employment & Retraining

The obligation of the employee to seek out new employment after termination is well defined. It has been reviewed in a prior post. General Rules on Mitigation The failure of the terminated employee to fulfill this duty will result in a reduction of the damage claim based on the earnings that the employee would have […]

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An Offer of Re-employment – When to Say No

The general issue of mitigation, that is, the obligation to look for alternative employment following termination of employment has been reviewed in a prior post. The Leading Case In 2008, the Supreme Court of Canada considered a fact situation in which the plaintiff employee had been fired without cause[1]. An offer of severance had been […]

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Right or No Right of Lay-off?

One would expect that the issue of temporary lay-off would be straightforward. After all, Ontario’s Employment Standards Act appears to allow the employer that very right. However, an  employer’s right to carry out a temporary lay-off is actually quite complicated. The Legislation The statute allows a temporary lay-off of not more than 13 weeks in […]

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Job Search After Termination

Post Termination Job Search Many persons facing sudden termination will be shocked to learn that there is a legal obligation upon them to look for replacement income, should legal action be taken against the company for the failure to provide proper notice of termination. The General Rule Following termination of employment, absent a contract to […]

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