Mitigation Matters: Former Employee Awarded Full 24-Month Notice Period Despite Imperfect Job Search

In Jimmy How Tein Fat v. PRGX Canada Corp. [PRGX], the Ontario Superior Court of Justice (the “Court”) awarded a 24-month notice period equivalent to nearly $1.6 million to a dismissed employee. While the Court acknowledged that the employee’s efforts to mitigate his damages by searching for alternative employment were imperfect, the employee was still […]
Confidentiality in Wrongful Dismissal Cases: Insights From a Recent Ontario Court Decision

In wrongful dismissal cases, an employee’s entitlement to reasonable notice of termination is typically determined on an individual basis. As a result, the termination packages offered to other employees are usually not relevant. These packages are often considered as “without prejudice” communications protected by settlement privilege, preserving the confidentiality of information exchanged for the purpose […]