Employers' obligations are heightened when dealing with temporary foreign workers. This is primarily because of a recognition that temporary foreign workers are usually more vulnerable in the labour market than Canadians or permanent residents.
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?
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.