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Manufacturing

Employee failed to mitigate by retraining rather than apply for comparable roles available at former employer

Jurisdiction: - Ontario
Sector: - Manufacturing

In Benjamin v Cascades Canada ULC, 2017 ONSC 2583, a decision issued on April 27, 2017, the Superior Court of Justice - Ontario found that the plainitff former employee, Benjamin, failed to reasonably mitigate his damages by choosing to retrain rather than apply for the comparable positions available to him at his former employer, Cascades.

Specifically, the court stated:

[161]      It is not contested that there were comparable jobs available for Benjamin to seek at Cascades, given the comparable remuneration and his work experience as an unskilled general labourer. It is not contested that Benjamin "could have" procured any of the three available comparable positions.  read more »

Dismissal for just cause referred to as the "capital punishment" of employment law

Jurisdiction: - Ontario
Sector: - Manufacturing

In this passage in Plester v. Polyone Canada Inc., 2011 ONSC 6068, the court stated that just cause dismissals have been referred to as the "capital punishment" of Canadian employment law:

[32]           The law of employment in Canada requires employers to provide adequate notice before dismissing an employee. Where the employer wishes to dismiss n employee summarily, on the basis of misconduct, the onus is on the employer to show just cause.  read more »