“A dismissed employee’s duty to mitigate isn’t just some niche argument that might be made in court – if someone doesn’t mitigate their damages from termination, it can significantly undercut their wrongful dismissal damage claims.”
So says labour and employment lawyer Jennifer Singh Jenkins of McInnes Cooper in Halifax, after the Nova Scotia Supreme Court found that a 41-year employee was entitled to a 24-month notice period following the termination of his employment.
However, the court also concluded that the worker failed to mitigate his damages by rejecting two comparable job offers, leading to an almost total reduction of his damages.
