In this BC employment law proceeding, we represented the defendant, an company in the oil exploration business, whose primary operations are located in the Crimea, in a successful defence of a wrongful dismissal action in which the plaintiff sought damages for the termination of his employment, and also damages for an alleged breach of an obligation to deliver incentive stock options.
The plaintiff sued on the basis of a fixed term written agreement.
The main issue on appeal related to the issue of mitigation.
The Court of Appeal confirmed that a plaintiff with a fixed term employment contract was still obliged to mitigate his damages.
The plaintiff’s wrongful dismissal action was dismissed because he had not acted reasonably in mitigation.