Is an employee entitled to claim compensation for income earned after his dismissal?
Canada (Federal), Canada
The following excerpt is from Air Spray (1967) Ltd. v. Paulsen, 2013 FC 1026 (CanLII):
The Applicant claims that this is an error since the case law provides that an employee should be compensated for actual losses and the Respondent did not suffer such loss. It argues that the failure to deduct income earned after his dismissal is inconsistent with the Canada Labour Code which is not intended to grant a windfall to an employee who has obtained employment of greater value, relying in this regard in the decision in Wolf Lake First Nation v. Young (1997), 1997 CanLII 5057 (FC), 130 F.T.R. 115 at paragraph 52. VI. DISCUSSION AND DISPOSITION
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