Failure To Mitigate In Ontario

Aylsworth v Law Office of Harvey Storm, 2016 ONSC 3938 is an interesting case that further defines the boundaries of what type of job employees can reasonably reject without failing in their duty to mitigate their wrongful dismissal damages.

Lynne Aylsworth had worked at the Law Office of Harvey Storm for 15 years as a legal assistant when Storm merged with another real estate law practice ("REL"). He gave Ayslworth approximately four months' working notice of termination. Towards the end of the working notice period, REL offered Aylsworth employment as a clerk and receptionist. The terms of REL's offer were quite similar to her employment with Storm with respect to salary and basic duties. There were differences, however, including that she was required to sign a written agreement with REL; she would no longer entitled to take vacation in the summer months; sick days would be treated as vacation days; there would be an initial probationary period of employment.; and