Is there any case law where a plaintiff is not entitled to any expenses incurred by an employee who has failed to find a new job within the notice period?
Alberta, Canada
The following excerpt is from Ibrahim v. Association of Professional Engineers, Geologists and Geophysicists of Alberta, 1985 CanLII 1242 (AB QB):
In Moor head v. Southeast Alta. Regional Planning Comm., 17th April 1980 (unreported), Medhurst J. refused to award as damages job search expenses of an employee who had been unsuccessful in finding employment within the notice period. Medhurst J. stated: In my opinion the plaintiff is entitled to reasonable notice on termination of employment and is not entitled to expenses that he might incur in seeking alternative work. These are expenses that he would have to incur in any event once the defendant has properly complied with its obligation to give reasonable notice or to pay damages in lieu of reasonable notice.
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