Is there a duty on an employee to seek other employment if available?

British Columbia, Canada


The following excerpt is from Luchuk v. Starbucks Coffee Canada Inc., 2016 BCSC 830 (CanLII):

The Court of Appeal wrote as follows in Forshaw v. Aluminex Extrusions Ltd., 1989 CanLII 234 at p. 6: That "duty” —to take reasonable steps to obtain equivalent employment elsewhere and to accept such employment if available—is not an obligation owed by the dismissed employee to the former employer to act in the employer's interests. It would indeed be strange that such a duty would arise where an employer has breached his contractual obligation to his employee, having in mind that no duty to seek other employment lies on an employee who receives proper notice. The duty to "act reasonably", in seeking and accepting alternate employment, cannot be a duty to take such steps as will reduce the claim against the defaulting former employer, but must be a duty to take such steps as a reasonable person in the dismissed employee's position would take in his own interests—to maintain his income and his position in his industry, trade or profession. The question whether or not the employee has acted reasonably must be judged in relation to his own position, and not in relation to that of the employer who has wrongfully dismissed him.

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