To prove a financial loss the dismissed employee will normally enter into evidence the details of his or her job search as well as inform the court whether any employment income has been earned, if any, from other
sources during the notice period claimed to prove that a financial loss has been suffered.
The award of damages will be reduced by the amount of employment income the dismissed employee earned from other employment
sources during the notice period, unless the terms of employee's employment contract did not require the employee to mitigate his or her damages.
Not exact matches
Any employment income that was earned by the plaintiff from other
sources during the reasonable
notice period will then be deducted.
A court will reduce any monetary award made to the former employee by the amount of employment income the employee earned from other
sources during the reasonable
notice period.
In upholding the trial judge's damages award, the Court of Appeal adopted the reasons from Bolland v APV Canada Inc in finding that regardless of income received from other
sources during the statutory
notice period, an employee is entitled to receive all statutory minimum entitlements regardless of any mitigatory earnings.