Is an employer required to prove that an employee has failed to properly mitigate his or her damages?
British Columbia, Canada
The following excerpt is from Price v. 481530 B.C. Ltd., 2016 BCSC 1940 (CanLII):
It is the employer who bears the onus of proving that the employee failed to properly mitigate his or her damages: Michaels v. Red Deer College, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324 at 331. The employer must show not only that the employee did not make a sufficient effort but that similar employment was available: Graham v. Galaxie Signs Ltd., 2013 BCCA 266 at paras. 48-49, leave to appeal ref’d [2013] S.C.C.A. No. 345.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an employee who declines an offer of re-employment from the same employer, after having been dismissed whether actually or constructively, be found to have failed to mitigate her damages? (British Columbia, Canada)
Is a dismissed employee required to return to the same employer to mitigate her damages? (British Columbia, Canada)
What is the precedent for a punitive damages award against an employer for failing to properly manage sexual harassment allegations properly? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
What is the duty of an employee dismissed from his or her employment without cause and without proper notice to mitigate their damages? (British Columbia, Canada)
What is the test for determining whether an employer can sue an employee for damages for personal injury caused to the employer's vehicle? (British Columbia, Canada)
Does the defaulting employer have the onus of demonstrating that the employee failed to make reasonable efforts to find an alternative employment? (British Columbia, Canada)
Is an employer induced an employee to enter into a new employment relationship with the employee? (British Columbia, Canada)
What is the current state of the law on the requirement of an employer to warn an employee that they have failed to meet performance standards? (British Columbia, Canada)
Does a personal trainer have been found to have failed to mitigate damages for failing to attend physiotherapy? (British Columbia, Canada)
