Clear offer of employment needed to argue mitigation

April 27, 2014 0 COMMENTS

By Katherine Pollock

Want to change a Canadian employee’s terms or conditions of employment? It’s not as easy as it once was.

Depending on the nature of the change, it may amount to constructive dismissal. If it does amount to constructive dismissal, simply providing notice of the change may not be sufficient—as the Court of Appeal taught us in Wronko v. Western Inventory Service Ltd. To make matters worse, contrary to what was once expected, an employee may not even need to quit to sue for constructive dismissal. read more…

Even more mysteries of mitigation

January 20, 2013 0 COMMENTS

By Michel Bellemare

Last fall, we reported on the mysteries of mitigation. Those articles (“When do employees have a duty to mitigate termination claim?” and “More mysteries of mitigation”) reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd. that confirmed that the duty to mitigate doesn’t necessarily apply where employment contracts contain specific termination payments and the employment relationship is terminated without cause. read more…