Tag archives: mitigation

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

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

Compliance with Ministry of Labour Order not Useful in Mitigating Sentence under OHSA

The Ontario Court of Appeal has ruled in Ontario (Labour) v Flex-N-Gate Canada Company that post-accident compliance should not be considered a mitigating factor in sentencing for a conviction under the Occupational Health and Safety Act (“OHSA”). An employee was injured in a workplace accident when metal sheets fell off of a forklift and struck the employee’s foot, causing several … Continue reading

Offer of employment must be clear for mitigation: Ontario Court of Appeal

The recent Ontario Court of Appeal decision of Farwell v. Citair Inc., 2014 ONCA 177, demonstrates how the offering of substitute employment when an employee has been constructively dismissed can have a serious effect on the damages payable for wrongful dismissal. As a result of a change in product focus, the plaintiff, who had been employed … Continue reading