Howard V. Benson Group Highlights the Risks of Fixed-term Employment Agreements
Employers should exercise caution in drafting fixed-term employment agreements, particularly with respect to provisions designed to shorten the term of the agreement. Where a termination provision in a fixed-term employment agreement is rendered unenforceable, the employee may be entitled to wages for the balance of the fixed term, without any reduction for mitigated damages. The […]
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 […]