In my opinion, that argument is not a correct one. In a case based on an allegation of wrongful dismissal, the true analysis is no different from any other case of breach of contract. The breach must be proved and, once proved, the damages must be assessed on the basis of the determination of the plaintiff's loss. But since proper notice could have been given in such cases, the loss cannot be greater than the length of the proper notice period, and the loss might be less if there was actual mitigation or a contingency of mitigation. In setting the notice period, the courts are using that as an indicator of the loss suffered by the plaintiff in order to assess his damages for the breach of contract which occurred at the time of the wrongful termination. It is very hard to see how the plaintiff's loss is affected by the financial performance of the company. Certainly, an assessment of the plaintiff's own contribution, if any, to the financial performance of the company would be likely to run contrary to the decision of this court in Steinicke v. Manning Press Ltd.
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