What would have been the salary if the employer's misconduct had been made public?
Ontario, Canada
The following excerpt is from Downham v. Lennox (County), 2005 CanLII 45197 (ON SC):
There is no direct evidence of what the salary would have been but for the stigma created by the employer. I conclude that as in Cook v. Lewis, 1951 CanLII 26 (SCC), [1951] S.C.R. 830 (S.C.C.), the plaintiff cannot be expected to adduce such evidence because the employer’s misconduct has made it practically impossible for the plaintiff to obtain such information. The salary was fixed in a context where the new employer was faced with the defendant’s false allegations. Further, it is unlikely that those who fixed the salary would be willing to discuss how that information affected their decision.
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