In its decision in
Bowes v. Goss Power Products Ltd., released on June 21, 2012,
the Ontario Court of Appeal confirmed that an employee's
success in finding other employment will not reduce termination
payments due under a contract, unless the employment contract
contains clear and specific wording to the contrary.
The Facts
The employment contract at issue contained a termination
provision providing Mr. Bowes with a fixed amount of notice or pay
in lieu of notice if his employment was terminated without cause.
The termination provision was silent with respect to his obligation
to mitigate, and specifically, did not address whether successfully
obtaining alternate employment would reduce his termination
entitlements. When the company terminat
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Does Your Termination Clause Have The "Magic Words"? (Video)
