Absent a contractual term to the contrary, an employee who has
been terminated from employment has a "duty to mitigate"
and search for alternative employment. As set out
in Michaels v. Red Deer College:
"The primary rule in breach of contract cases, that a
wronged plaintiff is entitled to be put in as good a position as he
would have been in if there had been proper performance by the
defendant, is subject to the qualification that the defendant
cannot be called upon to pay for avoidable losses which would
result in an increase in the quantum of damages payable to the
plaintiff. The reference in the case law to a "duty" to
mitigate should be understood in this sense."1
In short, this duty requires an employee to take reasonable
steps to attempt to find new employment. A court will reduce any
monetary award made to the former employee by the amount of
employment income the employee earned from other sources during the
reasonable notice period. A court may also