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 back05/25/2005|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. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.