Accounting for Law
Employment & Labour

Creative approaches to mitigation taken by employers

Employers can cause confusion for terminated employees by offering alternative positions at the same company or forwarding suitable openings with other businesses, Toronto employment lawyer Richard Worsfold says in Law TimesRead Law Times


The article discusses employers’ techniques for dealing with the duty to mitigate for constructively and wrongfully dismissed employees as they search for savings in a tough market.

“It plants the seed of doubt that the court could find they have not properly mitigated their damages,” Worsfold, partner with Basman Smith LLP, says in Law Times.

“I’ve had a few matters where employees have raised it as a concern. They want the thing dealt with quickly so they can get on with their lives and if the employer starts creating doubt, the employee may be willing to settle perhaps less favourably.”

Worsfold sees the economic downturn as the catalyst for employers taking a more proactive role in the job search for former employees, particularly those with lengthier periods of service, the article says.

“Employers prefer not to pay a year or eight months in salary to a long-term employee, especially if they feel they could get another job,” he says in Law Times.

“That’s quite a financial hit to take for someone who is no longer there. They have to be competitive, so it’s a matter of the bottom line for them.”

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