When an employee asserts that they have been constructively
dismissed, it is not always clear what the next steps should be for
either the employee or the employer.
Specifically, there can be some confusion about when an employee
must mitigate their loss of employment income by returning to the
same position or with the same employer, especially if events have
occurred that seem to make returning unreasonable.
In this article, we review what constructive dismissal is, an
employee's duty to mitigate their losses, and whether that duty
includes returning to the same position that they previously held,
or the same employer.
Overall, an employee may be required to return to the same
position with the same employer depending on the circumstances, if
it is deemed objectively reasonable. Courts have found that it is
objectively unreasonable to expect an employee to return if the
work environment is hostile and returning would cause
embarrassment. If the salary is the
