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        Employment lawyers restricted to wrongful dismissal litigation
          Employment lawyers restricted to wrongful dismissal litigation

Toronto

Ontario

Canada

 

 

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Employment lawyers restricted to wrongful dismissal litigation
Employment lawyers restricted to wrongful dismissal litigation

Tel: (416) 590-1900
Fax: (416) 590-1600

info@dumarkowitz.com

17th Floor, Yonge/Eglinton Centre
2300 Yonge Street
Suite 1750
Toronto, Ontario
M4P 1E4


"Work  is one of the most fundamental aspects in a person's life, providing the individual with a means of financial support and, as importantly, a contributory role in society.  A person's employment is an essential component of his or her sense of identity, self-worth and emotional well-being."

-- Chief Justice Dickson, in Reference re: Public Service Employee Relations Act (Alberta), [1987] 1 S.C.R. 313 (Supreme Court of Canada),
at page 368.

 

 

Your ex-employer wants you to miss this article about..

Mitigation of damages: neutralizing the employer’s best defence against your wrongful dismissal claim.

Time spent in getting even is better spent getting ahead, and that’s why Ontario judges will question you the wrongfully-dismissed employee about your reasonable efforts to minimize employment-loss damages suffered throughout days and weeks following your termination from work.  In other words, the law doesn’t intend your reasonable notice period to be an extended vacation, but rather a necessary period of time in which to seek replacement employment at comparable working conditions and salary.

In cross-examination, company lawyers defending even the most blatant wrongful dismissal will hammer the unsuspecting plaintiff employee with suggestions that their failure to find timely new employment stems not from their wrongful termination, but rather from their inherent laziness in refusing to apply for job ads, send out resumes, and otherwise network for replacement employment. 

Accordingly, the streetsmart employment lawyer will always introduce solid written and verbal evidence substantiating the employee’s job search, including lists of potential new employers contacted, copies of application letters/forms completed, and diaries of new job interviews attended.  Who would have thought all those F.O.A.D. rejection letters would ever come so handy?

Ultimately, it’s the employers’ burden to prove their former employee’s failure to mitigate employment-loss damages suffered.  More recently, the standard of mitigation outlined by Ontario courts has been one of “reasonableness” - which in our experience entails at least 3-4 new job application letters sent out every week by the wrongfully-dismissed employee seeking to rob their former employer of what’s usually the company’s desperate last defence against your winning wrongful termination lawsuit.

 
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