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Mitigation in Ontario Employment Law
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Mitigation is a key element of many employment law cases. From wrongful and constructive dismissal actions to human rights complaints, practitioners must consider the duty to mitigate and the impact it may have on their clients’ entitlements and liabilities. While at first glance, mitigation may appear to be a simple concept, upon deeper reflection, it presents myriad complex issues practitioners may have to address.
With input from experienced employer- and employee-side counsel across the province, Mitigation in Ontario Employment Law offers a detailed analysis of the many legal intricacies of mitigation, as well as practical tips for lawyers about how best to handle mitigation issues in their cases. This text is a must-have for anyone practising in the area of employment law in Ontario.
- Evidence required to demonstrate a failure to mitigate
- How the courts respond to a failure to mitigate
- When income is considered part of mitigatory earnings
- Statutory entitlements and the duty to mitigate
- Duty to mitigate in the context of constructive dismissal
- Mitigation in fixed-term contracts
- Exceptions to the duty to mitigate
- Plus much more
Who Should Read This Book
- Employment lawyers who need guidance on mitigation which is intrinsic to all wrongful dismissal and constructive dismissal cases
- In-house counsel who must deal with the finer points of employment law on a regular basis
- Non-legal professionals in human resources who are required to understand employer rights and obligations
- Judges who preside over employment law, or other decision-makers at various tribunals that deal with loss of employment income
- Law students who require an overview and examination of mitigation as a core employment law topic
- Law libraries that need to have the most up-to-date reference materials available
Casey M. Dockendorff & Charles Muriithi
Michelle Henry & Madeleine Werker
Paul S. Schwartzman
Hayley Yorke & Erin Hansen
Zachary T. Courtemanche & Jack Braithwaite
Andrew Monkhouse, Reshida Darrell & Jennifer Birrell
Kassandra Tannouri & Joy Noonan
Table of contents
Chapter 1: What is the Duty to Mitigate in Employment Law?
Chapter 2: Evidence Required to Demonstrate a Failure to Mitigate
Chapter 3: How the Courts Respond to a Failure to Mitigate
Chapter 4: When is Income Considered Part of Mitigatory Earnings?
Chapter 5: Statutory Entitlements and the Duty to Mitigate
Chapter 6: Staying in One’s Job to Mitigate and the Duty to Mitigate in the Context of Constructive Dismissal
Chapter 7: The Upsides and Downsides of Certainty – Mitigation in Fixed-Term Contracts
Chapter 8: The Effect of a Cause Termination on the Duty to Mitigate
Chapter 9: Exceptions to the Duty to Mitigate
Chapter 10: Practical Guidance for Addressing Mitigation Within a Wrongful or Constructive Dismissal Action
Appendix A: Sample Retainer Wording
Appendix B: Sample Job Search Plan
Table of Cases
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