Does an employer have an obligation to prove that a former employee failed to make reasonable efforts to find a replacement work?
Canada (Federal), Canada
The following excerpt is from CanXpress v. Reagan, 2003 FCT 739 (CanLII):
At common law, an obligation clearly lies with the employer to prove that a former employee failed to make reasonable efforts to find replacement work: Red Deer College v. Michaels (1975), 1975 CanLII 15 (SCC), 57 D.L.R. (3d) 386 at pp. 390-391 (S.C.C.). Obviously, this is not necessary where the employee has mitigated her loss by finding new employment.
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