Book Spotlight - Mitigation in Ontario Employment Law

Information provided on LexisNexis' website:

This title offers a detailed analysis of the many legal intricacies of mitigation, as well as practical tips for lawyers about how best to handle mitigation issues in their cases.

Mitigation is a key element of many employment law cases. From wrongful and constructive dismissal actions to human rights complaints, practitioners must consider the duty to mitigate and the impact it may have on their clients’ entitlements and liabilities. While at first glance, mitigation may appear to be a simple concept, upon deeper reflection, it presents myriad complex issues practitioners may have to address.

Topics Covered

• Evidence required to demonstrate a failure to mitigate
• How the courts respond to a failure to mitigate
• When income is considered part of mitigatory earnings
• Statutory entitlements and the duty to mitigate
• Duty to mitigate in the context of constructive dismissal
• Mitigation in fixed-term contracts
• Exceptions to the duty to mitigate
• Plus much more

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