Labour Notes® Newsletter Features Article by Sarah Iaconis on Duty to Mitigate After Sale of Business

Labour Notes® Newsletter Features Article by Sarah Iaconis on Duty to Mitigate After Sale of Business

The June 28, 2019 issue of Labour Notes® newsletter features an article authored by Hicks Morley lawyer Sarah Iaconis.

In the article “Appellate Court Considers Sale of Business and Duty to Mitigate,” Sarah reviews a recent decision by the Ontario Court of Appeal where it found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.”

The decision of  Dussault v Imperial Oil Limited, highlights the potential liability that can flow from the sale of a business and the decision is a reminder that employers must consider whether the offers of employment upon purchase of a business are comparable to the employees’ previous status, pay, and benefits.

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