Duty to Mitigate in Wrongful Dismissal Cases
Losing a job can be devastating, both financially and emotionally. For many people, their job is more than just a source of income; it defines who they are. When wrongful termination occurs, an employee can file a legal claim for damages, but in order to do so they must meet certain requirements. One of these is the duty to mitigate. This means that an employee must take reasonable steps to find another job after being fired in order to minimize their financial losses. Failure to meet this duty could result in a lower damage award.
The duty to mitigate is an important aspect of a wrongful dismissal case, and it can be difficult to determine what measures are reasonable. However, there are several factors that a court will consider when determining this issue. The first thing that a court will look at is whether or not an employer has offered the dismissed employee a similar position. This is because if an employer offers the dismissed employee a position that pays substantially less than their previous one, it is likely that they should accept this offer in order to mitigate their damages.
In cases where an employer does not offer a comparable position, an employee may still be able to mitigate their losses by taking a lower paying job in a field that is relevant to their education and work history. However, an employee should be careful not to take a job that is too low paying or would require them to travel extensively as this can be considered a failure to mitigate.
The Duty to Mitigate in Wrongful Dismissal Cases
Other ways an employee can mitigate their losses include continuing their studies or starting a business. The Supreme Court of Canada has ruled that enrolling in school satisfies the duty to mitigate, and it can also help an employee get back into the workforce faster. This is because a graduate will be better equipped to enter the workforce than someone who has no post-secondary education.
However, it is important to note that this will only be considered if the dismissed employee has not already made a good faith effort to search for a job and is willing to move for a new career or take a position with a lower salary. Additionally, an employer cannot reduce the amount of a damage award for failure to mitigate if they can prove that the dismissed employee did not make reasonable efforts to look for alternative employment.
It is crucial for a person who has been wrongfully terminated to talk to an experienced wrongful dismissal toronto before filing a legal claim. A seasoned lawyer can examine any documentation provided by the employer and identify any areas in which an employee can meet their duties to mitigate. They will then be able to file a lawsuit with a fair chance of success. In addition, a successful wrongful dismissal case will help to prevent other employers from engaging in similar behaviour.