Calculating notice periods, dealing with wrongful dismissal claims, and considering the pandemic as a factor in a reasonable notice period are discussed in this article.
failure to mitigate
In Maticevic v Bank of Montreal, the Adjudicator had to determine the damages owing to an employee who had been out of work for 29 months following an unjust dismissal. The Adjudicator found that the employee was too sick to work for about 22 months, but that he had no good excuse for the other 7 months, so he reduced the compensation by 25%.
Where an employee is found to have failed to mitigate their damages, their entitlement to damages may be significantly reduced. So what happens if an employee is too sick to look for new work? Does that count as a failure to mitigate?