What is the disclosure of records of an applicant’s job search efforts?

The applicant alleges the termination of her employment was discriminatory. The applicant is under a duty to mitigate her losses by making reasonable efforts to obtain suitable employment, and is only entitled to be compensated for those losses that could not have been avoided. The respondent, however, has the onus of proving the applicant’s failure to mitigate. See Heintz v. Christian Horizons, 2008 HRTO 22 at para. 265. Consequently, information about the applicant’s job search efforts (records of job applications, job searches, interviews, job offers, reemployment dates etc.) is arguably relevant and must be disclosed.