Mitigation: To Deduct Or Not To Deduct Earnings? That Is The Question.

The legal corollary of an employer’s obligation to provide reasonable notice of termination is the employee’s duty to mitigate the damages flowing from a wrongful termination. The operation of the duty to mitigate was described by the Supreme Court of Canada in Red Deer College v. Michaels1 as follows:

If, however, the employee can obtain other employment, he can avoid part at least of these damages. Therefore, in an action by the employee against the employer […]

By |July 17th, 2017||

Canada: Major Blow To Federal Employers’ Right To Terminate Employees

In a 158-0 vote, the Massachusetts House of Representatives voted to approve the so-called Pay Equity Act. The Act makes it unlawful for any employer to discriminate “in any way on the basis of gender in the payment of wages,” or to pay someone of a different gender less for comparable work. The term “comparable work” is defined as work which requires substantially similar “skill, effort and responsibility,” and is performed under similar working […]

By |July 25th, 2016||

Employees Must Participate In The Accommodation Process in Canada

It’s never easy to talk about mental illness – particularly not with your employer. However, the British Columbia Human Rights Tribunal recently held that even if it’s uncomfortable, an employee may have the obligation to discuss their condition with the employer in order to allow the employer to come up with a proper accommodation.

Last April, in K.B v S.S, 2016 BCHRT 61, the British-Columbia Human Rights Tribunal found that an employee failed in his […]

By |June 14th, 2016||