Overholt Law LLP Newsletter January 2016
Duty to Mitigate
Does the duty to mitigate require a dismissed employee to accept re-employment with their former employer?
In a recent decision, the BC Court of Appeal considered whether a dismissed employee had a duty to accept reemployment with their former employer as part of their obligation to mitigate damages that arise from the employee’s dismissal. In rendering its decision, the Court examined the scope of the duty to mitigate in this context, emphasizing the essential nature of trust inherent in the employment relationship.
1 Fredrickson v Newtech Dental Laboratory Inc., 2015 BCCA 357.
Recent Work
The lawyers at Overholt Law LLP have been engaged in a wide range of legal matters involving the workplace including the following:
Drafting a complex incentive compensation agreement and change of control provisions
A settlement meeting at the BC Human Rights Tribunal
Negotiating a settlement agreement in connection with the termination of employment of a senior executive
Attending Court in Contempt of Court proceedings related to departing employee misconduct
Seven day Supreme Court Trial defending claims for damages for negligent misrepresentation arising from the alleged statements of an employer in connection with disability insurance benefits and coverage
Attended labour arbitration proceedings
Conducted investigation of serious employee complaints
Advised on workplace fatality
Upcoming Events
12th Edition Western Labour and Employee Relations Forum
January 28 – 29, 2016
Preston Parsons will be presenting on Updates on Disclosure Laws: Latest on Drug Testing and Other Laws that Deal with Personal and Medical Information on January 29 at 10:15 a.m.
Dates and Times:
Thursday, January 28, 2016 | 8:15 a.m. – 5:00 p.m.
Friday, January 29, 2016 | 8:30 a.m. – 4:30 p.m.
Location:
The Metropolitan Hotel
645 Howe Street, Vancouver
HRMA Legal Symposium 2016
February 25, 2016
Jennifer Kwok and will be presenting on Privacy in the Workplace from 10:45 a.m. – 12:10 p.m.
Dates and Times:
Thursday, February 25, 2016 | 9:00 a.m. – 4:00 p.m.
Location:
Pinnacle Hotel Vancouver Harbourfront
1133 West Hastings Street, Vancouver
Overholt Law LLP Employment and Labour Law Seminar
April 20, 2016
Overholt Law LLP is pleased to host its first employment and labour law breakfast seminar on April 20 at Terminal City Club. An invitation with registration details will be sent out in early March.
Dates and Times:
Wednesday, April 20, 2016 | 8:00 a.m. to 9:45 a.m.
Location:
Terminal City Club
837 West Hastings Street