Mitigating damages for constructive dismissal

By Peter Israel
|Canadian Employment Law Today

Question:

We are reorganizing our company and have reduced the position of one of our managers to that of senior sales associate. As a manager the employee received a yearly salary. But the compensation for the senior sales associate position is commission based. We do not dispute the fact this employee has the right to claim constructive dismissal, but we would like to know whether this individual is obliged to accept the senior sales associate position in order to mitigate his damages.

Answer: