Can an employee mitigate their damages by continuing to work with the same employer in the reduced position?
Ontario, Canada
The following excerpt is from Chapman v. Bank of Nova Scotia, 2007 CanLII 18732 (ON SC):
In the case of Mifsud v. MacMillan Bathurst Inc.[15], it was held that an employee can be required to mitigate his damages by continuing to work with the same employer in the reduced position offered to him. This would not apply if the working conditions precluded the continued employment. As stated by McKinlay, J. A. at p. 710, Where the salary offered is the same, where the working conditions are not substantially different or the work demeaning, and where the personal relationships involved are not acrimonious (as in this case) it is reasonable to expect the employee to accept the position offered in mitigation of damages during a reasonable notice period, or until he finds acceptable employment elsewhere.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
Is an employee entitled to claim as damages as damages for the expenses of mitigation? (Ontario, Canada)
What is the test for a dismissed employee to mitigate their damages by returning to work for the same employer? (Ontario, Canada)
Does an employer have a responsibility to mitigate the damages of an employee who has been dismissed? (Ontario, Canada)
Can an employee claim constructive dismissal damages if the employer does not provide reasonable notice to the employee? (Ontario, Canada)
What is the range of damages for loss of salary, pension benefits and bonuses that an employee might reasonably have expected to continue his employment during the reasonable notice period? (Ontario, Canada)
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
Is an employer permitted an employee to work overtime hours without the consent of an employer? (Ontario, Canada)
