Wrongful Dismissal On Summary Judgments: What If Judgment Is Rendered Before The Notice Period Expires?

The new judicial policy promoting summary judgment motions as a way of disposing of law suits, rather than trials, has become all the rage in lawful dismissal litigation. Counsel acting for wrongfully dismissed employees, who often operate on a contingency basis, have welcomed this development for obvious reasons. The courts appeared to be totally receptive. However, there is still one aspect of a typical wrongful dismissal case that may require a special treatment where the case is brought to court on a summary judgment motion.

In most wrongful dismissal cases, mitigation is raised by the former employer as part of its defence. Terminated employees have a duty to make reasonable efforts to mitigate their loss of income by finding new employment.  If a plaintiff fails to make reasonable efforts to find new employment, the court may reduce what would otherwise have been a reasonable notice period.