Does an employer have a responsibility to mitigate the damages of an employee who has been dismissed?
Ontario, Canada
The following excerpt is from Michela v. St. Thomas of Villanova Catholic School, 2015 ONSC 15 (CanLII):
The responsibility to mitigate may encompass a return to work for the dismissing employer: Where the employer offers the employee a chance to mitigate damages by returning to work for him or her, the central issue is whether a reasonable person would accept such a responsibility. (Evans v. Teamsters Local Union No. 31, supra, at para. 30)
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