Is a dismissed employee required to return to the same employer to mitigate her damages?
British Columbia, Canada
The following excerpt is from Chapple v. Umberto Management Ltd., 2009 BCSC 724 (CanLII):
In Evans v. Teamsters Local Union No. 31, 2008 SCC 20, the court affirmed at ¶28 that in some circumstances, “assuming there are no barriers to re-employment”, it may be necessary for a dismissed employee to mitigate her damages by returning to work for same employer.
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