What is an employee entitled to if a court determines that an employer constructively dismissed him/her?
In the event the court determines that the employer has constructively dismissed the employee, then the employee is entitled to payment in lieu of notice in accordance with the principles outlined above. Duty to Mitigate Top Does the employee have a duty to mitigate his/her losses upon his/her dismissal? Yes. What does the duty to mitigate mean? A wrongfully dismissed employee must take reasonable steps to obtain similar or alternative work in order to minimize his or her losses. What happens if an employee fails to reasonably mitigate his/her damages? The former employee who fails to act reasonably to mitigate damages cannot recover compensation from the employer for losses that could have been avoided. Any earnings received by the dismissed employee during the notice period from other sources will be deducted from the award of damages.
