What is the duty of an employee to mitigate her losses by making reasonable efforts to obtain suitable employment after she resigned?
Ontario, Canada
The following excerpt is from Trinh v. CS Wind Canada Inc., 2017 HRTO 755 (CanLII):
The applicant is under a duty to mitigate her losses by making reasonable efforts to obtain suitable employment after she resigned. The applicant is entitled to be compensated only for those losses that could not have been avoided and the respondent has the onus of proving the applicant’s failure to mitigate. See Heintz v. Christian Horizons, 2008 HRTO 22 (CanLII) at paragraph 265.
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