What is the test for a plaintiff to mitigate their loss of employment if they are demoted or terminated without notice?
British Columbia, Canada
The following excerpt is from Rose v. Shell Canada Ltd., 1985 CanLII 675 (BC SC):
The principle, which was by no means new, set out in Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324, [1975] 5 W.W.R. 575, 75 C.L.L.C. 14,280, 57 D.L.R. (3d) 386, 5 N.R. 99 (S.C.C.), is that the plaintiff must take reasonable steps to mitigate his loss. It does not seem to me reasonable to require of a plaintiff, whose contract is repudiated by demotion, to carry out the very job which in effect is the breach; although if a plaintiff is simply terminated without reasonable notice and subsequently offered another job by the same employer, it might be a reasonable step in mitigation for him to take it. If the victim of the repudiation must, in order to discharge his obligation to mitigate, take the new job, the contract breaker gets through the back door what he was not entitled to obtain at the front door.
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