She explained that, the center provides practical entrepreneurial training for students
in alternate employment skills therefore charged the graduates not to join the queue of unemployed graduates.
The proposition that junior employees have an easier time finding
suitable alternate employment is no longer, if it ever was, a matter of common knowledge.
This can result in cost - savings for employers because an employee who may assert that they have been wrongfully dismissed has a duty to mitigate or minimize their losses through
securing alternate employment.
This period is assessed by the courts on a case - by - case basis, depending on an employee's age, position, length of service and the availability
of alternate employment together with other relevant factors as may be condisered important in the circumstances.
Thus, as with the obligation to accept that first position that comes along, a reasonable amount of time will be extended to dismissed employees to look
for alternate employment in their own «backyard,» before the law will expect that employee to go looking farther afield.
The former employer can not have any right to expect that the former employee will accept lower - paying
alternate employment with doubtful prospects, and then sue for the difference between what he makes in that work and what he would have made had he received the notice to which he was entitled.
In all of the circumstances, and considering that the applicant ultimately did find and
commence alternate employment at the end of his convalescence, I find an award of $ 10,000 to be appropriate compensation for the impact of the discriminatory termination of his employment, attributable to the Commissionaires, on the applicant's dignity, feelings and self - respect [emphasis added].
[208] With respect to the availability of
equivalent alternate employment, there is little doubt, that given the grounds upon which Mr. Lau has been terminated, none has been available.
The School Board failed to
consider alternate employment opportunities that would involve a lower risk of personal liability that would have been acceptable to the Applicant.
I am not satisfied that it is reasonable to assume that the day after an employee has gone through the trauma of being fired that he or she must immediately
seek alternate employment to avoid the criticism that they are not mitigating their damages.
The duty to «act reasonably», in seeking and
accepting alternate employment, can not be a duty to take such steps as will reduce the claim against the defaulting former employer, but must be a duty to take such steps as a reasonable person in the dismissed employee's position would take in his own interests — to maintain his income and his position in his industry, trade or profession.
At the same time, employees can still file a complaint on the basis that they have not received the appropriate notice or equivalent compensation, based on factors such as their age, type of work, length of service, salary, and availability
of alternate employment.
The applicant sought «her prospective wage loss up to the point in time at which it would be reasonable to expect the applicant would have
found alternate employment.»
Lawyers who temporarily leave the practice of law and do not take
any alternate employment may be eligible to apply for exemption from... Read More»
Uncertainty is inherent in the calculation of common law reasonable notice, which is not calculated using a set formula, but is instead calculated with regard to factors such as the employee's age, length of service and compensation, the character of his or her employment and the availability of
alternate employment.
The two issues on appeal were: 1) whether damages should be based on the balance of the term rather than reasonable notice, and 2) whether the duty to mitigate (i.e. to seek
alternate employment) and deduction of mitigation earnings applied.
No assistance was given by Liturgical Publications to Eric Aucoin to help him secure
alternate employment.
Between the date that he became suddenly unemployed and December 4, 2013, when he secured
alternate employment, the Plaintiff looked for alternate employment via a number of means.