LAW 529 Lecture Notes - Lecture 7: Wrongful Dismissal, Constructive Dismissal, The Globe And Mail
26 Sep 2017
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Mi(cid:374)ott v. o"sha(cid:374)ter develop(cid:373)e(cid:374)t co(cid:373)pa(cid:374)y ltd. , p. 431: there is no ceiling on the reasonable notice period. Alternative severance packages: wrongful dismissal isn"t necessarily illegal, working notice, the employer requires the employee to work the notice period, this is rarely done or advisable. It is unrealistic to expect the employee to be productive, and the employer typically does not want the employee to remain at work. (ref. Lump-sum payment: the terminated employee receives a single payment in settlement of all matters arising out of the termination, the employee has no obligation to try to mitigate his or her loss by pursuing other employment; It is most suitable for short notice periods (pw rule of thumb si(cid:454) (cid:373)o(cid:374)ths" (cid:374)oti(cid:272)e o(cid:396) less). Mitigation: wrongfully terminated employees must try to minimize their loss by finding new employment, they are required to search for and accept only jobs comparable to the one they lost.
