Recent cases have highlighted that the duty to mitigate after a breach of a fixed-term employment contract is treated differently among the provinces
Does an employee who has had their fixed-term contract breached have a duty to find other employment during the balance of the term? The answer is it depends on where you are. In Ontario, where jurisprudence provides for damages to the end of the contract’s term without deduction for income earned in alternative employment, there can be a windfall for some employees. But courts outside Ontario are registering disagreement with that idea.
