The Facts of Evans
Home › Index of Contents › Mitigation: Offer of Return to Work: Evans: Facts › Mitigation: Offer of Return to Work: Evans: Facts Don Evans had been employed as a…
Evans v Teamsters Generally
Home › Index of Contents › Mitigation: Offer to Return to Employment: Evans › Mitigation: Offer to Return to Employment: Evans Many have said that the leading case on the…
Fixed Term or Fixed Severance
Home › Index of Contents › Mitigation: Fixed Term: Fixed Severance:Modern › Mitigation: Fixed Term: Fixed Severance The issue of mitigation in the context of a fixed term severance payment…
Mitigation Expenses
Home › Index of Contents › Mitigation: Expenses Incurred: Recoverable? › Mitigation: Expenses Incurred: Recoverable? This issue is more complex than one might expect. The issues have become: Is there…
Mitigation – Own Business
Home › Index of Contents › Mitigation: Employee Opens Own Business › Mitigation: Employee Opens Own Business It is clear that commencing an independent business has been considered acceptable mitigation…
Mitigation Finding – Mixed Fact and Law
Home › Index of Contents › Mitigation: Finding: Mixed Fact and Law › Mitigation: Finding: Mixed Fact and Law As noted by Professor Waddams , what is “reasonable” to mitigate…
What was that test again ?
Home › Index of Contents › Mitigation: Test Questioned: Assiduous › Mitigation: Test Questioned: Assiduous As noted from the above, the test for mitigation is reasonableness, viewed objectively and not…
Fundamental Issues
Home › Index of Contents › xxx › Mitigation: Basic Tests Competing Interests A cornerstone issue centres on the question of what is often the contrary interests of the two…
Workers’ Comp & Human Rights 08-23
There remains a further possible argument that the workers’ compensation statutes may deprive the relevant human rights commission of jurisdiction to award a damage claim for such a violation, given…
Family Status
Home › Workplace Human Rights ›Protected Human Rights: Family Status Protected Human Rights: Family Status Statutory Definition The first issue to be decided on this topic is how exactly “family…
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