What is the test for a plaintiff to mitigate their loss of employment if they are demoted or terminated without notice?

British Columbia, Canada

The following excerpt is from Rose v. Shell Canada Ltd., 1985 CanLII 675 (BC SC):

The principle, which was by no means new, set out in Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324, [1975] 5 W.W.R. 575, 75 C.L.L.C. 14,280, 57 D.L.R. (3d) 386, 5 N.R. 99 (S.C.C.), is that the plaintiff must take reasonable steps to mitigate his loss. It does not seem to me reasonable to require of a plaintiff, whose contract is repudiated by demotion, to carry out the very job which in effect is the breach; although if a plaintiff is simply terminated without reasonable notice and subsequently offered another job by the same employer, it might be a reasonable step in mitigation for him to take it. If the victim of the repudiation must, in order to discharge his obligation to mitigate, take the new job, the contract breaker gets through the back door what he was not entitled to obtain at the front door.

Other Questions

What is the duty of an employee dismissed from his or her employment without cause and without proper notice to mitigate their damages? (British Columbia, Canada)
When can an employment contract be terminated without notice? (British Columbia, Canada)
What is the reasonable notice period for the termination of a plaintiff's employment? (British Columbia, Canada)
Is a plaintiff entitled to extended notice on the basis of extended notice of an employee's car allowance? (British Columbia, Canada)
What is the mitigation of damages for breach of an employment contract’s termination clause? (British Columbia, Canada)
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)
Can a lapsed policy be terminated without a formal termination procedure? (British Columbia, Canada)
Does an employee have a duty to mitigate his losses upon termination of his employment? (British Columbia, Canada)
Can a plaintiff be considered a travelling employee for workers’ compensation purposes when he drives from his home to his employer’s office in Richmond, after driving to the employer's office? (British Columbia, Canada)
What is the appropriate notice period for an employee to terminate their employment? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.