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Termination Terminology

In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.

Mitigation

If an employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment. Learn more about mitigation in this video.

Audio: Damages in a Wrongful Dismissal Case

Stuart discusses the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.

Video: Damages in a Wrongful Dismissal Case

Stuart discusses the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.

Audio: Potential Damages in Wrongful Dismissal

Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.

A recent decision out of Ontario, however, confirms that in the right circumstances that can have a significant value.

Video: Potential Damages in Wrongful Dismissal

Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.

A recent decision out of Ontario, however, confirms that in the right circumstances that can have a significant value.