By Stuart Rudner ( November 17, 2025, 12:06 PM EST) -- At two recent mediations, an issue arose that does not come up often, and as a result is not front of mind for most counsel: how to calculate wrongful dismissal damages when the employee could not have worked during the notice period. In both cases, defence counsel sought to discount damages to reflect what the employee would have earned had they actually been working, while plaintiff counsel insisted on full compensation for the entire notice period....