Fired employee loses award by refusing return-to-work offer

Employer offered job back for balance of notice period after failed severance negotiations
By Natalie MacDonald
|Canadian Employment Law Today

When an employee is terminated, he has a duty to mitigate his damages by looking for another job. But what happens when the very employer that just showed him the door gives him the option to work out the notice period?

Most employees would likely reject such an idea, and many employers might not be jumping on that bandwagon either. But last month, the country’s top court upheld a ruling stating an employee in the Yukon had a responsibility to return to work with the employer that fired him in order to mitigate his wrongful dismissal damages. The fallout from the Supreme Court of Canada’s decision in

Evans v. Teamsters Local Union No. 31