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Category: Compensation

The Duty to Mitigate: What Happens to Earnings from a Lower Paying Job?

By , July 20, 2018 10:41 am

Losing your job is one of life’s awfully stressful events. Yet, Canadian courts have long recognized the duty of a dismissed employee to seek new employment to mitigate their losses. The duty to mitigate requires wrongfully dismissed employees to take reasonable steps to minimize the losses they have suffered. Although not usually a burdensome standard Continue Reading…

Damages Owed Under Fixed Term Contracts

By , November 28, 2017 12:32 pm

In my last blog post, I discussed a case where an independent contractor who signed a fixed term contract was owed notice of termination, specifically, 5 months and 3 weeks. There are very important differences between indefinite and fixed term contracts, particularly at the time of termination. In this week’s blog post, I’ll delve deeper Continue Reading…

Your Bonus – How to Ensure You Receive It?

By , November 7, 2017 10:12 am

What your contract says about your bonus is significant. There have been many legal disputes assessing the language of employment contracts in recent years.  Many of these cases focus on bonuses. An employer can try to limit what you receive  through the words in your contract.  They can do so by making the bonus calculation Continue Reading…

Independent Contractor Owed Notice of Termination

By , November 1, 2017 10:01 am

One common misconception is that, unlike employees, independent contractors are not owed notice of termination. In one recent case from Ontario, an employer was forced to pay an independent contractor for notice because of the way the termination clause was drafted in the contract. Although the facts of this case are somewhat unique, there are Continue Reading…

Significant Changes to Employment Standards Coming to Ontario

By , June 2, 2017 8:36 am

On June 1, 2017, the Ontario government introduced legislation to amend Ontario’s Employment Standards Act, 2000 (the “ESA”) and the Labour Relations Act, 1995. The Fair Workplaces, Better Jobs Act, 2017 (the “Act”), builds on the Changing Workplaces Review Final Report which was released on May 23, 2017 after two years of consultations, including with our law firm. Continue Reading…

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