In Zoehner v. Algo Communication Products Ltd., 2023 BCSC 224 Justice Verhoevan had this to say about a 63 year old employee (and part owner of a family business) regarding his mitigation efforts.
In 2017, the Ontario Superior Court of Justice reiterated the importance of character of employment in Skov v G&K Services Canada, in which the character of the plaintiff’s employment was in question.
The mitigation of damages has become a hot employment law issue. In this recent British Columbia case, the employee was entitled to damages for wrongful dismissal after the employer terminated her during the economic downturn. Although the employer argued that the employee failed to mitigate her damages when she did not accept the employer’s subsequent offer of re-employment, the Court found that the uncertainty of work and payment was such that the employee did not act unreasonably when she declined the job offer. Thus, the employee was entitled to 12 months’ termination notice.