What is the obligation of a wrongfully-dismissed employee to mitigate loss by returning to work for the same employer?

The law respecting the obligation of a wrongfully-dismissed employee to mitigate loss by returning to work for the same employer is set out in Evans v. Teamsters Local Union No. 31, 2008 SCC 20. The applicable principles can be found in paras. 28–31 of the judgment and include: • employers are entitled and, indeed, encouraged to give employees working notice, even though both parties may find the resulting work continuation scenario difficult; • absent conditions making any return to work unreasonable on an objective basis, any wrongfully dismissed employee can also be expected to mitigate damages by returning to work for the dismissing employer; • where the employer offers the employee a chance to mitigate damages by returning to work, the central issue is whether a reasonable person would accept such an opportunity, i.e., an objective test; • such mitigation will be objectively reasonable where the salary is the same, the working conditions are not substantially different, the work is not demeaning and where the personal relationships involved are not acrimonious; • other relevant factors include the history and nature of the employment, whether the employee has commenced litigation, and whether the offer of re-employment was made while the employee was still working for the employer or only after he or she had already left; • the critical element in determining what is reasonable is whether any return to the work would involve an atmosphere of hostility, embarrassment, humiliation, stigma and loss of dignity; and • it is more likely that a return to work might be reasonably required of an employee who is dismissed as a result of changes to their position for legitimate business needs as opposed to situations where the termination was triggered by concerns about the employee's performance or other personal circumstances.