Employees suing former employers for wrongful dismissal damages are obligated to “mitigate” their damages, and a failure to do so may lessen the damages awarded by a Court. In Part 1 of this series, we provided a general overview of the employee’s duty to mitigate. In Part 2, we are delving into specific mitigation issues: whether an employee is required to seek out lower paying positions after an unsuccessful period of searching for a more comparable role; whether job titles of the positions applied for matter; and how employers meet the onus of showing an employee has not met their duty to mitigate. These questions were answered by the Ontario Court of Appeal in Lake v. La Presse, 2022 ONCA 742. Note that the decision discussed here overturned Lake v. La Presse (2018) Inc., 2021 ONSC 3506, which we covered in a previous blog post.
Continue Reading Mitigation Part 2: No Requirement to Search for Less Comparable Positions Over Time