What is the duty of a terminated employee to mitigate their loss of employment?
British Columbia, Canada
The following excerpt is from Ostrow v. Abacus Management Corporation Mergers and Acquisitions, 2014 BCSC 938 (CanLII):
While the duty to mitigate theoretically begins at the date of termination, courts have “acknowledged that employees generally require a period of readjustment and regrouping before pursuing re-employment strategies”: Stuart at para. 43. A terminated employee may delay his search for work in circumstances where it is appropriate to do so (for example, to “recover from the stress of the dismissal”: Borsato v. Atwater Insurance Agency Ltd., 2008 BCSC 724 at para. 77). An assessment of all the circumstances is required.
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