Wrongful Termination: How are Wrongful Dismissal Damages Calculated?

This question is answered by Grant J. in Gardiner v. Rockwell International of Canada Ltd., as follows:

The measure of damages in an action for damages for wrongful is the amount of income which the employee would have earned from his employer during the period of such reasonable notice, subject to a deduction in respect of any amount which the plaintiff, minimizing his damages, either had obtained or should reasonably have obtained.

Robert H. Tanha, Employment Lawyer
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* 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.