Question
Amanda was employed by her employer under a five-year fixed-term employment contract that did not contain an enforceable termination clause. She was subsequently terminated on
Amanda was employed by her employer under a five-year fixed-term employment contract that did not contain an enforceable termination clause. She was subsequently terminated on a "without cause" basis less than two years into the contract. The employer provided her with eight weeks' pay in lieu of notice of termination (an amount well in excess of the two weeks' pay required under the Employment Standards Act, 2000 for an employee with two years of service in the province where these events occurred). Amanda's employer also continued her benefits throughout the notice period. Could Amanda still successfully sue the employer in this situation? Assuming she could, would she have a duty to mitigate? Provide legal authorities for your answers.
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