Mitigation 101

If you've experienced a termination – either as an employer or an employee – then you're likely familiar with the common law concept of mitigation. If this concept is new to you, fear not! This blog is a great starting point on the topic and reviews the most recent case law in Ontario.

What is the Duty to Mitigate?

In Ontario, employees are entitled to reasonable notice of termination or payment in lieu of such notice when they are terminated without cause. This notice (or pay in lieu) is meant to bridge the terminated employee between their old job and finding a new one. However, terminated employees are required to mitigate their damages during this period (with certain exceptions).