What does an employee do if she has been constructively dismissed but has not been told to leave her employ? Is she still entitled to continue to work for the employer and look for alternative employment? Is she obligated to do so?

I recently told you about the high school office assistant who was suspended with pay for making porn movies on the side—well, the school board has decided to terminate her employment.

As Christina Catenacci recently blogged, my home Province of Nova Scotia has taken steps to create a unified labour board. While the establishment of the Labour Board itself has not been the subject of much debate, the Bill that introduced it did create some controversy as it also introduced changes to our Trade Union Act.

When a robot is capable of multiple types of manual labour, is able to work twice as long as a human and will never complain about working conditions, many human workers have got something to worry about, even if that robot comes with a giant price tag. With no worries about harassment complaints, no fear of strikes, no backtalk and no vacation to worry about, many employers will look at independent robots as model employees.

Mitigation of damages in the context of a wrongful dismissal claim is one of those concepts that is often referred to but not well understood.

Most employers understand a claim for damages for wrongful dismissal as arising from the termination of an employee’s employment without adequate cause or notice. It can be argued that this in fact reflects a misconception of the nature of the employment contract. Except in certain limited cases of federally regulated companies,…