The appellant employer appealed a trial judge's finding that the respondent employee had adequately mitigated his damages following wrongful termination.
The Court of Appeal dismissed the appeal, finding the trial judge's decision was well supported by the evidence.
The respondent, who was in his fifties with limited education and had worked for the appellant for 19 years, faced diminished re-employment prospects, exacerbated by the lack of a reference letter and accusations of wrongdoing.
The Court held that the respondent made reasonable efforts to find comparable employment and was not obliged to accept non-comparable positions.
