Tag Archives | mitigation

Covid-19 Case Law Update: Is It CERB Payback Time?

By Fiona H. McFarlane and Janelle Neufeld The courts are slowly weighing in on the impact of the global pandemic on employment relationships.  The BC Supreme Court’s decision in Hogan v. 1187938 B.C. Ltd., 2021 BCSC 1021 is one example. The Facts Terence Hogan was an assistant service manager of Mercedes-Benz and was 52 years […]

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An Employer’s Legal Burden of Proof Lessened: A Common Sense Approach

When faced with a wrongful dismissal lawsuit from a former employee, one strategy employers use to reduce severance liability is to argue that the worker failed to mitigate her losses (i.e. by getting a new job). Traditionally, however, Canadian employment law has placed a heavy burden on an employer wanting to prove a failure to […]

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mitigate reemployment

Does an Employee’s Duty to Mitigate Extend to Offers of Re-employment Following Dismissal?

By Andres Barker, Lawyer. It is a basic, fundamental principle of Canadian wrongful dismissal law that an employee has a duty to mitigate her losses following the termination of her employment. The essence of this duty is that a dismissed employee must look for comparable work matching her skills, qualifications and professional status. If an […]

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The Duty to Relocate: How Far Does an Employee Have to Go to Find Work?

A key concept in the area of wrongful dismissal law is mitigation: following dismissal, an employee has a duty to mitigate her losses by searching for new employment. In fulfilling that duty, she must act “reasonably”. But what does “reasonably” mean in this context? Does the law require an employee to relocate in order to […]

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Current issues in mitigation: the duty to mitigate in the face of a constructive dismissal or re-employment offer

This 2007 article considers issues in the law of mitigation, such as an employee’s duty to mitigate her losses by accepting an offer of a different position with the employer in the context of a possible constructive dismissal.

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