Even at age 63, she had to mitigate her damages

Release date: January 4, 2021

The arbitrator, who had overturned the dismissal of a 63-year-old chambermaid, had to determine the amount of the damages granted to the employee, who refused her reinstatement. According to the arbitrator, while the employee was not obliged to find another job, she had to show that she had made a sincere effort to do so, even though finding a new job was especially difficult for the employee, given her age, low educational attainment and lack of references. However, the evidence did not show that the employee had tried to keep her damages to a minimum, all the more so seeing that the efforts she claimed to have made were not coherent. Based on the information provided, the employee had made approximately one effort every seven weeks, which was clearly insufficient given the favourable economic context for finding employment corresponding to her skills. The arbitrator therefore granted her eight weeks of wages.

Hôtel Travelodge Montréal Centre and Union des employé(e)s de la restauration

2020EXPT-1205, 2020 QCTA 275, Jacques Larivière

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