I disagree. Despite the plaintiff’s evidence that she ceased looking for replacement work in the second week of January 2021 and has not yet resumed that search, no corresponding deduction can be made to the notice period. The notice period is a substantive right that flows out of the employment relationship. A failure to give adequate notice of termination is a breach of an implied term of the employment contract. An employee who is wrongfully dismissed without adequate notice of termination is entitled to damages consisting of the salary that the employee would have earned had the employee worked during the notice period. The fact that an employee could not have worked during the notice period because of injury or illness is irrelevant to the assessment of these damages. They are based on the premise that the employee would have worked during the notice period: Sylvester v. British Columbia, 1997 CanLII 353 (SCC), [1997] 2 S.C.R. 315 at para. 15.
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