What is the test for a dismissed employee to mitigate their damages?
Ontario, Canada
The following excerpt is from Groves v. UTS Consultants Inc., 2019 ONSC 5605 (CanLII):
In order to demonstrate that an employee failed to mitigate his or her damages, an employer must show that: (a) the dismissed employee failed to pursue alternate employment opportunities that were of a comparable nature; and (b) that such opportunities were not only available, but that, if pursued, the dismissed employee could have minimized the damages sustained: Link v. Venture Steel Inc., 2010 ONCA 144, 259 O.A.C. 199, at paras. 73-74.
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