The appellant was wrongfully dismissed from his position as a union business agent without notice.
During negotiations, the employer offered him the opportunity to return to work to serve out a 24-month working notice period.
The appellant refused to return to work unless certain conditions were met, including the rescission of his termination letter.
The Supreme Court of Canada held that a wrongfully dismissed employee may be required to mitigate their damages by returning to work for the same employer, provided the salary and working conditions are substantially the same and the personal relationships are not acrimonious.
The Court found that the appellant's refusal to return to work was objectively unreasonable and constituted a failure to mitigate his damages.
