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ARTICLE · 04 AUGUST 2014

Employee’s Damages Reduced For Failure To Mitigate By Accepting Re-Employment

Mr. Hooge was a mill worker for Gillwood Remanufacturing Ltd., which owned and operated a mill in Chilliwack.

CanadaEmployment and HR

Mr. Hooge was a mill worker for Gillwood Remanufacturing Ltd. ("Gillwood"), which owned and operated a mill in Chilliwack. He was originally hired in 1975 and worked his way up the ranks to the position of production supervisor. Hooge maintained that position through a series of ownership changes until Gillwood purported to "lay him off" Indefinitely in August 2011.

By way of a letter from his lawyer, Hooge denied that Gillwood had the right to lay him off and asserted that the layoff constituted a fundamental breach of his employment contract. He sought damages for that breach and stated that absent a timely response to his demand, he would commence legal proceedings. Indeed, Hooge commenced an action seeking damages for wrongful dismissal on September 12, 2011. One week later, Gillwood stated that it was recalling Hooge to work, effective immediately. Hooge declined to accept Gillwood's offer to return to work.

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