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British Columbia Employer Advisor Keeping Employers Posted on Developments in Labour and Employment Law

Tag Archives: mitigation

When Changing a Bonus Can be Constructive Dismissal

By Earl Phillips on Posted in Benefits, Compensation, Pensions, Constructive Dismissal, Damages, Termination, Wrongful Dismissal

A judge in BC has ruled that a unilateral change to an employee’s bonus was constructive dismissal:  Piron v. Dominion Masonry.  That was despite the employer’s plea that the bonus was discretionary, and despite the evidence that the bonus varied widely from year to year and project to project. The case highlights the need for employers… → Read More

Termination Clauses and Mitigation

By Earl Phillips on Posted in Damages, Employee Obligations, Employment Standards, Litigation, Termination, Wrongful Dismissal

A recent Ontario Court of Appeal decision sounds a warning to employers – if you want to have a set amount of notice or compensation for termination without cause, AND you want to require the former employee to mitigate, you need to say so explicitly in the contract. Goss Power Products had a written contract… → Read More