The confusing duty to mitigate

When it comes to constructive dismissal, the duty to mitigate damages is a cloudy and inconsistent realm
By Stuart Rudner
|Canadian Employment Law Today

Editor’s note: This is the third in a series of articles on constructive dismissal. The previous articles appeared in issues #399 and #400.

The last two articles in this series addressed ways in which employers can impose unilateral changes upon the employment relationship without incurring liability for constructive dismissal. Now it’s time to turn to an issue that has caused much controversy and confusion: whether an employee that has been constructively dismissed has to continue working at his job, or another job within the organization, in order to mitigate his damages.

It goes without saying that when a person’s employment has been terminated they have an obligation to mitigate damages. This includes making