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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 21:38, 27 September 2022
, 21:38, 27 September 2022→c) Mitigation and Constructive Dismissal
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An employee is still required to mitigate their damages if they are constructively dismissed. Sometimes, the employee will be required to mitigate by continuing to work for their current employer. See ''Evans v Teamsters Local Union No. 31'' (2008 SCC 20) for a discussion of the relationship between constructive dismissal and the employee`s duty to mitigate. | An employee is still required to mitigate their damages if they are constructively dismissed. Sometimes, the employee will be required to mitigate by continuing to work for their current employer. See ''Evans v Teamsters Local Union No. 31'' (2008 SCC 20) for a discussion of the relationship between constructive dismissal and the employee`s duty to mitigate. | ||
There are some circumstances where an employee’s refusal to accept re-employment with the employer who fired them is found to be a failure to mitigate. However, this might not be the case if the trust relationship is eroded | There are some circumstances where an employee’s refusal to accept re-employment with the employer who fired them is found to be a failure to mitigate. However, this might not be the case if the trust relationship is eroded due to the employer’s actions. See ''Fredrickson v. Newtech Dental Laboratory Inc.'', 2015 BCCA 357. | ||
==== d) Mitigated Damages ==== | ==== d) Mitigated Damages ==== | ||
