When an employee is wrongfully dismissed and the court determines that the employee is entitled to damages in lieu of reasonable notice, the employer will almost always argue that the employee was required to mitigate those damages and failed. In essence, the employer will allege that the employee failed to take reasonable steps to obtainContinue reading “Mitigation and Offers of Re-employment: Fredrickson v. Newtech Dental Laboratory Inc.”
Fixed severance entitlement… employee duty to mitigate?
Does an employee have a duty to mitigate where there is a fixed severance entitlement set out in the contract and no corresponding provision imposing an express requirement to mitigate? In Bowes v. Goss Power Products Ltd.[1], the employee, Peter Bowes, entered into a written employment contract with Goss Power Products Ltd. in September 2007. Continue reading “Fixed severance entitlement… employee duty to mitigate?”