33 However, the concept creates a number of problems and is not either required by or consistent with the view that payments for the notice period and disability benefits are entirely different contractual rights stemming from entirely different contractual sources. The most significant problem flows from the fact that the disability period might well run for a number of years. If the notice period must follow the end of the disability period then the factors that relate to the assessment of the availability of other employment could not be assessed at the time when notice was given. Nor could mitigation or the possibility of mitigation through obtaining other employment be taken into account. I think that the mitigation arising from other employment in February 1981 which was taken into account in McKay v. Camco Inc. represents a strange result when notice of dismissal was given on 6 June, 1980 and the period of reasonable notice was considered to be 5-1/2 months.
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