Written by Lewis Waring, Paralegal, LL.B., Articled Clerk, Editor, First Reference Inc.
In a recent ruling, it was found that an employee successfully mitigated his loss of employment despite failing to take reasonable steps to find comparable employment. Although failing to look for a job seems like a clear failure to mitigate a loss of employment, this ruling clarified that an employee only fails to mitigate when comparable employment is actually available. If an employee’s job market does not contain any comparable roles, any failure to take reasonable steps to find comparable employment will not be a failure to . . . [more]