Is a former employee entitled to a portion of the amount he would have received if he had continued to work as an employee?
British Columbia, Canada
The following excerpt is from Neilson v. Vancouver Hockey Club Ltd., 1988 CanLII 3300 (BC CA):
Cockburn v. Trusts & Guarantee Co. (1917), 1917 CanLII 10 (SCC), 55 S.C.R. 264, 37 D.L.R, 701 (S.C.C.) indicates that even where the former employee takes steps he was under no obligation to take for the purposes of mitigating damages, the actual diminution of his loss may be taken into account. This conclusion follows necessarily from the general principle that when a contract is broken the injured party is entitled to receive the sum that will put him in the position he would have been in if the contract had been performed.
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