What is the test for dismissing an employee for mitigation efforts?
British Columbia, Canada
The following excerpt is from Freeman v. BC Tel, 1997 CanLII 2191 (BC SC):
In considering a dismissed employee's mitigation efforts the onus is upon the employer to prove what portion of the loss claimed could reasonably be avoided. [Red Deer College v. Michaels et al, 1975 CanLII 15 (SCC), [1975] 57 D.L.R. (3d) 386 (S.C.C.)]. The test is one of reasonableness, not the correctness, of the employee's efforts.
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