The obligation to mitigate one's damages can go as far as returning to work with an ex-employer

Release date: October 9, 2009

A business agent who had worked for a union for 23 years was dismissed following the election of new union executives. He challenged his dismissal before civil courts, where damages of $100 000 were awarded to him in the first instance. However, the Court of Appeals overturned this sentence in damages, as the employee had avoided mitigating his damages by refusing the union’s offer to resume his position for the balance of the duration of the 24-month notice that had been granted to him. The Supreme Court of Canada upheld this ruling, specifying that an employee can be expected to limit his damages by returning to work for the employer who dismissed him under certain conditions. Evans v. Teamsters Local Union No. 31, DTE 2008T-400 (C.s.Can.), Justices McLachlin, Bastarache, Binnie, LeBel, Deschamps, Rothstein and Abella (August, # 13)


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