Labour Pains

Those of us of a certain age will remember a sketch comedy television series originally inspired by Mad magazine that aired on Fox from 19...

Can the court rely on wage surveys to impute income to someone who has refused to provide evidence of his actual earnings? In Lewis v. Wi...

Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse a...

Is an employee who is slated to lose his or her employment as a result of the sale of part of his or her company required to accept an of...

What happens when an employee takes a new job not so much to mitigate her damages, but rather to survive? More to the point, what if that...

(c) istock/BernardaSv A typical term of any significant asset purchase agreement, which sees the employees of the vendor continue in emp...

The application of the duty to mitigate to the post-termination earnings of wrongfully dismissed employees is probably the most reviled ...

Is an employee who is employed under a fixed term employment contract, which does not provide for early termination without cause, entitl...

Summary judgment, a method of resolving lawsuits without the need for a trial, has long been considered an appropriate means by which to r...

How should the court account for a plaintiff’s duty to mitigate his damages following termination from employment, when summary judgment ...

Under what set of circumstances will an Ontario Superior Court judge say that it is “reasonable” for an employee to refuse to return to wo...

Will summary judgment be appropriate in a wrongful dismissal action if the issue of the plaintiff’s mitigation efforts are hotly conteste...

As an update to an earlier post, Employee Fired by Mistake had Duty to Return (published on this blog on September 3, 2012), on September...

Has an employee who is ‘walked to the door’ by his employer been fired or has he simply been subjected to a fundamental change in employme...

What is the appropriate notice period for an employee dismissed after less than one year of employment? While the answer will always be...

How selective can an employee be in pursuing new employment in order to “mitigate his damages?” In the case of Tsakiris v. Deloitte &...

Where an employer’s restructuring serves a legitimate business interest and is not merely a pretext for terminating an employee, should t...

A few weeks ago this blog afforded an opportunity to an individual looking for work in employment law to write a guest blog post. Perhaps no...

“Baby come back, you can blame it all on me. I was wrong, and I just can't live without you.” Player in their 1977 hit “ Baby come ba...

The duty on dismissed employees to mitigate their damages following dismissal is without question the most difficult employment law conce...