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constructively dismissed employee

When does a constructively dismissed employee have to remain in their employment?

Since the Supreme Court of Canada’s decision in Evans v. Teamsters Local Union No. 31, [2008] 1 S.C.R. 661, there has been a great debate surrounding whether a constructively dismissed employee must remain in their employment with the dismissing employer in order to mitigate their damages. In that case, the Court found that in some circumstances, the duty to mitigate will require an employee to remain in their employment. However, an employee is not required to remain with the employer if he or she would be required to work in an atmosphere of hostility, embarrassment or humiliation.

 

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