Former manager not obligated to take demotion to mitigate damages

Employee with 26 years on the job fired after he refused to take old job back
|Canadian Employment Law Today

Malloy v. Vipond Inc., 2005 CarswellNB 202, 2005 NBQB 149 (N.B. Q.B.)

The New Brunswick Court of Queen’s Bench ruled that a service manager wasn’t obligated to take his pre-managerial job back as part of a duty to mitigate his damages.

Gerald Malloy joined Vipond Inc. out of high school in 1980. He was certified as a licenced sprinkler system installer in 1986 and moved to Moncton, N.B., to work out of the Atlantic district office there.