BUS 483 Lecture Notes - Lecture 7: Fide, Alcoholism, Layoff
Document Summary
May need to work through the notice period (per employer"s offer) No duty to mitigate to receive stat. compensation for length of service, only where seeking damages at common law or wrongful dismissal. Contract is silent (didn"t state anything) or contract is less than esa then common law applies. Levels to application: look at contract first the common law. Mitigation: a legal obligation for employees whose employment is terminated (without legal cause) to secure re-employment. Searching for similar work (comparable), or better prospect which retraining, returning to school or starting a new business can be considered mitigation (applies where employees and tries fails to obtain alternative-suitable employment) May need to take another employer"s employment offer which: Made less than 1st job => amount of mitigation (earned from the new employment is reduced from the salary continuance) => employer"s most preferable option. Employer offered a comparable job in dif. department, employee said no. Bell is in ontario => unreasonable to mitigate.