The respondent employee was wrongfully dismissed after refusing to relocate to Ohio.
The trial judge awarded damages based on an 18-month notice period, including $49,293.97 for pension loss, and found the respondent had properly mitigated his damages by starting a consulting business.
The employer appealed the mitigation finding and the pension loss award.
The Court of Appeal upheld the mitigation finding but allowed the appeal regarding the pension loss.
The Court held that the trial judge erred by failing to account for the pension benefits the respondent received during the notice period, which actually increased the overall present value of his pension, and by improperly grossing up the award for tax purposes.
