A wrongful dismissal action proceeded by summary judgment to determine whether the employee failed to mitigate her damages by declining a new employment offer from a successor firm.
The employee, a long‑term administrative staff member, sought clarification and attempted to negotiate aspects of the proposed contract, including salary, probation, vacation restrictions, and other materially different terms.
The employer argued the refusal to accept an equivalent position defeated mitigation.
The court held that the burden to prove failure to mitigate rests with the employer and was not met because the proposed employment contained materially less favourable terms and the employee acted reasonably in seeking clarification and negotiation.
Summary judgment was granted and damages for reasonable notice were awarded.
