Employees have a legal duty to mitigate wrongful dismissal
damages by accepting an offer of re-employment with the same
employer in certain circumstances. A reasonable person is expected
to do so "[w]here the salary offered is the same, where the
working conditions are not substantially different or the work
demeaning, and where the personal relationships involved are not
acrimonious."1
The duty to mitigate is difficult but fertile terrain for
employers to navigate in defending wrongful dismissal claims.
Employers bear the burden of proving an employee's failure to
mitigate, and stand to significantly reduce their liability if they
can beat the odds and do so successfully. What does it take to win
on mitigation? The Ontario Superior Court of Justice's recent
decision in Gent v. Strone provides some helpful
guidance.
