mitigation

Wrongful dismissal: How long do you have to look for another job?

Wrongful dismissal: How long do you have to look for another job?

If you successfully sue for wrongful dismissal, one of the things a court will consider when assessing how much compensation you should receive is whether you have mitigated your damages by making adequate efforts to look for a new job. The problem, particularly for older workers, can be that after a few months of looking for work, it may become apparent that there isn’t much out there for senior ... »

Fired 55-year old man gets $346,000 after three years

Fired 55-year old man gets $346,000 after three years

A recent Ontario Superior Court case confirms once again that there is no specific “rule of thumb” that wrongfully dismissed employees should receive about one month of salary for each year of service. An Ontario man working in the trucking, freight forwarding and logistics industry who was fired after three years on the job as Country Manager of CEVA Freight Canada Corp was awarded 14 months of p... »

Fired older employee may have reduced duty to mitigate

Fired older employee may have reduced duty to mitigate

Employees who are fired and are seeking damages for wrongful dismissal must mitigate their damages by answering job ads, handing out resumes and networking. However, a recent decision of the Supreme Court of British Columbia suggests there may be a lesser onus on older workers to seek alternative work. Edwin Dodge was 59 years old and had been employed by Signature Mazda in Richmond B.C. for just ... »