Can an employee who declines an offer of re-employment from the same employer, after having been dismissed whether actually or constructively, be found to have failed to mitigate her damages?
British Columbia, Canada
The following excerpt is from Fredrickson v. Newtech Dental Laboratory Inc., 2014 BCSC 335 (CanLII):
In certain circumstances, an employee who declines an offer of re-employment from the same employer, after having been dismissed, whether actually or constructively, may be found to have failed to mitigate her damages and have any award reduced on account of such failure to mitigate. The employer has the onus to prove the offer to re-employ and that a reasonable person in the position of the plaintiff would have accepted the offer. The leading authority on this aspect of the law is Evans v. Teamsters Local Union No. 31, 2008 SCC 20 [Evans].
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