The plaintiff was given 14.5 months' working notice of termination due to restructuring, plus 3.4 months' statutory severance.
Shortly after receiving notice, she became disabled and was unable to work for the remainder of the notice period.
She received disability benefits to which she had indirectly contributed.
The trial judge awarded damages for the full notice period and declined to deduct the disability benefits.
The employer appealed, arguing it should receive credit for the full working notice period and that the disability benefits should be deducted.
The Court of Appeal dismissed the appeal, holding that a disabled employee is entitled to damages during the notice period even if unable to mitigate, and that disability benefits are not deductible when the employee has contributed to the plan.
The plaintiff's cross-appeal regarding the calculation of her sick leave bank was allowed in part.
