The Court Provides Further Clarity on the Employee’s Duty to Mitigate Damages When Offered Re-Employment
In Gent v Strone, the Court found that the Defendant employer had constructively dismissed the Plaintiff employee upon the commencement of a temporary lay off – due to the absence of an enforceable Employment Agreement permitting them to do so. However, the Court indicated that the employee had, in turn, acted unreasonably and consequently, failed […]
The Court Emphasizes the Importance of Responding Diligently When Served with a Statement of Claim
In Saikaly v Aikman Construction, the employee had been employed by the Defendant employer for approximately 12 years before receiving a “just cause” termination. The employee denied wrongdoing and filed a formal Statement of Claim against the employer for wrongful dismissal. Despite several follow-ups with the organization, the employer failed to file a Statement of […]
The Devil is in the Details When it Comes to “Fixed-Term” Employment Agreements
The Court recently provided further clarity to the area of “fixed-term” employment agreements with their recent decision in Lee v Choice Bank Limited. In this case, the employee had entered into a three-year fixed term employment agreement (“EA”) with the Defendant employer Bank to act as its President. The EA stipulated that her employment would […]