No Duty to Mitigate Where Employment Contract Contains Set Termination Amount, Court Rules

In wrongful and constructive dismissal cases, a duty to mitigate is generally placed on the employee. A duty to mitigate requires the employee, whether terminated with or without notice, to take all reasonable steps to mitigate his or her losses.  However, in a recent Ontario case, the court held that an employee had no duty […]

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Court Weighs in on Federally-Regulated Employee’s Termination Clause

Unlike most employment disputes in Ontario, disputes related to a federally-regulated employee are commonly adjudicated by a tribunal pursuant to the Canada Labour Code. As a result, it is uncommon that a provincial court has the opportunity to consider issues relating to this specific area of employment law. However, the Ontario Superior Court recently had […]

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One Bad Apple Spoils the Bunch: Employment Contracts

Employment contracts by nature address a number of different factors relating to employment, from sick days to vacation and overtime pay to performance management, compensation and an employee’s rights upon termination. When one clause is found to be invalid, courts have often held that the offending term can be lifted out, leaving the rest of […]

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