This was an employment case, where the central issues were (1) without cause termination, (2) notice/pay in lieu, and (3) mitigation. Where the employer has ended the employment contract without notice, the employer is required to pay damages in lieu of notice, but that requirement is subject to the employee making a reasonable effort to mitigate the damages by seeking an alternate source of income. Believe it or not, sometimes it is necessary for the dismissed employee to return to work with the same employer that just terminated them! The former employer usually pleads mitigation, but once they do they have the burden (responsibility) of proving that the dismissed employee did not do enough.

Questiona:

1) What statute provides for the minimum notice requirements for notice/payment in lieu of notice in a termination without cause.

2) What factors will a Court consider in addressing reasonable notice/payment in lieu of notice at common law?