In employment law disputes, damage is determined by the duty to mitigate. This responsibility ensures fairness by requiring dismissed employees to try to find comparable work.
What is an Employee’s Duty to Mitigate an Employment Dispute?
If you are dismissed from your job, you owe the duty to mitigate and take reasonable steps to minimize financial losses, for example, by seeking suitable employment. This principle of law balances the rights of the employees and employers in a dispute and ensures that compensation is consistent with the reduction in damages. Getting a good employment lawyer can help you comply with this obligation effectively and understand reasonable mitigation.
What Is Considered “Reasonable Steps”?
In Toronto, courts decide if an employee has tried to save money. Actions that show commitment to obtain comparable employment consistent with the position from which the employee was dismissed concerning duties, compensation, and status are also included.
Below are some approaches commonly regarded as reasonable steps
Active Job Search
You must mitigate, and to do that, you must actively seek new work. It’s mainly about applying to roles aligned with your skills and experience, going through interviews, and logging your efforts. Courts look at the intensity and scope of your job search.
If you don’t try to find reasonable opportunities or restrict your search to a narrow range of roles, you could be prejudicing your claim for damages. It can prove your efforts if you can engage platforms such as LinkedIn and Indeed and keep a detailed log of applications and responses.
Accepting Suitable and Comparable Job Offers
If it is offered, you may be compromising your legal position by rejecting a comparable job. Typically, a similar role will have you playing the same role as before regarding pay, responsibilities, and work conditions. For example, in the Gannon v. Kinsdale case, the Ontario Superior Court found against an employee who refused a comparable offer, noting that rejecting such offers may lead to loss or forfeiture of compensation for damages.
Training or Education
Reasonable steps include retraining or taking additional education to improve employability. Nevertheless, courts usually require attempts to concentrate on obtaining immediate comparable employment before pursuing career changes. Employers are not liable for damages in cases where dismissed employees take positions in entirely new fields without first trying to find good jobs.
What Happens If the Employee Fails to Mitigate?
Wrongful dismissal cases can result in significantly reduced damages if the employer fails to mitigate. The employer has the burden of proof of the failure to mitigate, which means that they have to prove that they did not take reasonable measures to obtain comparable employment and that suitable opportunities existed.
The court will view an avoidable financial loss if you, as the employee, fail to mitigate your duty. Declining a comparable offer without just cause or failing to search for a new role may cut notice period payouts. If you consult an employment lawyer in Toronto, you’ll know how these principles apply and how to protect your claim.
The duty to mitigate is a vitally important part of resolving wrongful dismissal claims in Toronto employment disputes. By taking reasonable steps, you meet your obligations and protect your legal rights. Contact an employment lawyer for personalized advice if you’re dealing with these complexities.
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