John Schudlo

Employee’s receipt of CERB doesn’t change employer’s obligations

By John Schudlo on May 6, 2021 Posted in Canada, North America

The Ontario Superior Court recently held that a dismissed employee who received Canada Emergency Response Benefit (CERB) payments immediately following his dismissal should not receive less in wrongful dismissal damages on account of the fact he received the emergency benefit. The decision underscores the point that CERB does not affect an employer’s post-termination obligations. In … Continue reading

An employee’s higher pay during notice period won’t retroactively mitigate earlier damages

By John Schudlo on January 26, 2020 Posted in Canada

The Divisional Court recently released a decision that helps to clarify the law on mitigation of damages in wrongful dismissal cases. The Court held that if a dismissed employee gets a new job during his or her notice period that pays more than the employee’s previous job, the employee’s surplus earnings can’t serve to reduce … Continue reading

Employers should be careful about terminating employment around the holidays

By John Schudlo on December 18, 2019 Posted in Canada

While it’s always important for employers to be professional when dismissing an employee, employers would be wise to exercise extra care if they have to let someone go during the holiday season. Canadian courts have long cautioned employers to avoid being unduly insensitive in the way they dismiss employees. Courts don’t look kindly on terminations … Continue reading