The legal corollary of an employer’s obligation to provide reasonable notice of termination is the employee’s duty to mitigate the damages flowing from a wrongful termination. The operation of the duty to mitigate was described by the Supreme Court of Canada in Red Deer College v. Michaels1 as follows:

If, however, the employee can obtain other employment, he can avoid part at least of these damages. Therefore, in an action by the employee against the employer […]

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies. On one hand, many workplaces, especially those engaging in physical or industrial work, have a genuine interest in promoting job site safety via drug and alcohol policies. On the other hand, drug and alcohol addiction has been recognized as a prohibited ground under category of “disability” in Federal and Provincial human rights legislation. In […]