Quitting Employee Required to Work Through Notice Period
In an unusual case involving an employer seeking a declaration that a resignation clause in an employment contract is binding, the Ontario Superior Court of Justice in Blackberry Limited v. Marineau-Mes, 2014 ONSC 1790 declared that a senior executive is required to work out his resignation notice period.
Timing Is Everything: Comments on Mitigation from the Court Of Appeal
While the duty to mitigate can be help reduce an employer’s liability when it comes to common damages for reasonable notice, the Ontario Court of Appeal in Farwell v. Citair 2014 ONCA 177 reminds employers that certain steps must be taken before arguing that a dismissed employee has failed to mitigate in rejecting a legitimate […]
When Enough Is Enough: Frustration and Accommodation Under the Ontario Human Rights Code
It is often a challenge for employers to determine the point at which employment has been frustrated by disability and has come to an end. Dismissing an employee on the basis of frustration has its risks as an employer may be exposed not only to common law damages, but also human rights claims. A recent […]