How have courts overturned a finding that an employee acted unreasonably in refusing to accept an offer of re-employment?
British Columbia, Canada
The following excerpt is from Hogan v 1187938 B.C. Ltd., 2021 BCSC 1021 (CanLII):
In Fredrickson v. Newtech Dental Laboratory, 2015 BCCA 357, the court reversed the finding that the plaintiff had failed to mitigate by refusing to accept an offer of re-employment. The employer had offered to re-employ the employee and pay her unpaid wages prior to knowing of the commencement of the action. The finding at trial that the employee had acted unreasonably in failing to accept the offer was reversed on the basis that the trial judge had failed to accord significance to the incomplete nature of the offer, and failed “to reflect the intangible element of mutual trust, commensurate with the nature of the employment, that flows like a current in the employment relationship”. (para.23)
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