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Ontario Erectors Association

Employment Labour Law Update – April 2018

Content provided by  Sherrard Kuzz LLP Employment & Labour Lawyers 

Little irritates an employer more than having to pay a terminated employee common law notice while the employee fails to take reasonable steps to find a new job and mitigate his or her losses. A dismissed employee has a duty to mitigate those damages by making reasonable efforts to find comparable, replacement work. The income earned from the replacement work reduces the former employer’s common law termination liability.

A question we are often asked is, ‘what if the employee chooses to forego a new job (and mitigation income) to enroll in school or start a new profession? Is the former employer still on the hook for the full amount of the unmitigated loss?’ A recent Ontario Superior Court of Justice decision suggests the answer is, ‘no’.

Read the whole decision here: Employment Labour Law Update – April 2018 – Sherrard Kuzz LLP Employment Labour Lawyers