Wrongful Dismissal Actions: Shortage of Jobs in your Field and The Duty To Mitigate

Even if times are tough and jobs are scarce, employees still need to make reasonable efforts to find comparable employment upon a wrongful dismissal.

The employee must be able to prove that such efforts have been made by tendering up supporting documentation. A failure to search for comparable employment on the basis of warranted or unwarranted assumptions about the job market, will sometimes be fatal to a wrongful dismissal claim: Gingerich v. Kobe Sportwear Inc.

Robert H. Tanha, Employment Lawyer
"You want me on your side. You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations.