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Tag : damages

Mitigation Damages: Not every dollar earned reduces damages

Esther Brake may be the hardest working person in Ottawa.  She was sixty-two years old and Managed a Kanata McDonald’s while simultaneously holding down a part-time position as cashier at Sobey’s.  Ms. Brake was constructively dismissed when her Employer demanded she accept a demotion to First Assistant or leave.  After refusing the demoted position because it would be embarrassing and humiliating her  employment was terminated.

Constructive Dismissal: When is an Employee Required to Remain with the Employer?

Economic uncertainty does not give an employer the right to reduce an employees' compensation and change their work. Assessing whether an employee is constructively dismissed is fact specific. Courts’ will examine each situation and determine whether the new position is substantially different, whether the employee can perform the new work, and whether the job is demeaning.

Contracting out of Wrongful Dismissal Damages

The Employment Standards Act sets out an employees’ minimum entitlement to notice and severance pay on termination of employment. Courts have long held that the Employment Standards Act, 2000 are minimum entitlements only. According to the Courts, an employer is obliged to pay damages to the dismissed employee during the time it will take to replace the lost employment.