Does the defaulting employer have the onus of demonstrating that the employee failed to make reasonable efforts to find an alternative employment?
British Columbia, Canada
The following excerpt is from Ensign v Price's Alarm Systems (2009) Ltd., 2017 BCSC 2137 (CanLII):
Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324, makes it clear that in wrongful dismissal cases it is the defaulting employer who bears the onus of demonstrating not only that the employee plaintiff has failed to make reasonable efforts to find work but also that such alternative employment could have been found.
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