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Mitigation

Employees who have been terminated have a duty to mitigate damages from losing their job. The obligation to mitigate requires dismissed employees to take reasonable steps to limit their losses, usually by looking for other work.   If an employee does not do so a court may reduce the damages that would have otherwise been owed.

Whitten & Lublin Employment & Labour Lawyers has had tremendous success in resolving numerous mitigation disputes for our employee and employer clients, in and out of court.   We can help you resolve your employment matter related to mitigating losses.

 

Why is Mitigation important?

The standard of mitigation is viewed as being favourable to the employee. This is noted in the leading Canadian case of Red Deer College v. Michaels where the Supreme Court of Canada determined that the employee’s obligation to mitigate means that he/she need only to make reasonable efforts and is not required to accept the first available job offer or a lesser position.

In employment and labour law cases, properly documenting your efforts to find other work is critical to discharging the legal obligation to mitigate damages.

Read our employment law articles about mitigation for more information.