Statutory Recall & Mitigation
Mitigation This issue becomes more complicated in the context of the employer’s recall to work notice, on parallel terms and conditions and presumably absent any adverse or hostile working conditions.…
Statutory Lay-Off as Termination
The Issues The broad issues are whether the statutory lay-off provisions of the relevant jurisdiction may be interpreted as conduct which creates a termination in law and secondly, presuming this…
Statutory Claims
The decisions in Evans and Mifsud deal with the mitigation defence. Given a successful plea by the employer of failure to mitigate, this submission should not defend against the plaintiff’s…