Mitigation issues can save an employer months of termination pay and/or gut your termination case, depending on whether you are the employer or employee in a dispute. But what exactly is mitigation? This post sets out the basics.

Employers have another reason to worry about their termination clauses. 

Following the case of Waksdale v Swegon North America Inc., 2020 ONCA 391, Ontario courts have placed increased scrutiny on termination clauses with very few surviving.

The dust has settled post-pandemic and employees are out of sorts. Turnover is high across all industries as people regroup and sort through what they want out of their career.

We regularly hear about employees resisting commuting, moving on quicker than ever when the job gets difficult, and when regular feedback gets uncomfortable.

Nobody wants to receive a paycheque that’s smaller than they were expecting, but sometimes, wage deductions are necessary. So, when can an employer make deductions from an employee’s wages?

In Ontario, the Employment Standards Act, 2000 (ESA) provides guidelines regarding what deductions are permissible, in order to protect employees and their earnings. 

As lawyers who practice for both employers and employees, we know that terminations are rarely pleasant for anyone involved. After all, as the Courts have acknowledged, employment is an essential component of identity, self-worth and emotional well-being.

More recent Court rulings have reminded us that the manner in which employment can be terminated is equally important and impactful to the employee as the employment once was.

Important update for all federal employers! Amendments to the Canada Labour Code are now in force as of February 1, 2024. Do you fall into this category? And if so, what does this mean for you? 

Federal Employers

As we’ve discussed in a previous blog, the Canada Labour Code is a federal law which sets out minimum employment standards for sectors that fall under federal power.