Refusal of re-employment offer ignoring lost wages not a failure to mitigate

Employer's offer of return to work didn't cover entire time employee was off work
|Canadian Employment Law Today|Last Updated: 10/09/2015

A dismissed British Columbia employee did not fail to mitigate her damages when she refused her employer’s offer of re-employment, the B.C. Court of Appeal has ruled.

Leah Ann Fredrickson was a registered dental technician assistant with Newtech Dental Laboratory in Vancouver. Over a period of more than eight years, Fredrickson worked for Newtech and had a good working relationship with Newtech’s owner.