Duty To Mitigate Is Alive And Well

There was a job opportunity for the terminated employee.  He didn't pursue it and he didn't provide a reasonable excuse.  His claim for wrongful dismissal damages was denied.

Rod Koenig had been hired by Brandt Tractor in 1987 and was terminated 22 years later.  He was given 9.5 months of working notice in January 2009, finished work in October 2009 and didn't start new employment until April 2010.

But in June 2009 he was approached by a former work colleague, Mr. Jones, about a comparable position.  Mr. Koenig expressed no interest and did not pursue the opportunity.  Mr. Jones considered him to be ideal for the position and would have hired him if he was interested.

Brandt Tractor claimed that Mr. Koenig failed in his duty to mitigate.  He responded by swearing in an affidavit that he had reservations about working with Mr. Jones and referred to billing practices he didn't approve of.  Brandt Tractor responded with affidavit evidence from Mr. Jones and from