Redefining Constructive Dismissal, Chapter Two - Mitigation
Recently, we surveyed some of the problems in the analysis of employee condonation of employer breaches of contract . Next, let's talk about mitigation - about the expectation that constructively dismissed employees will stay in their jobs, because the 'reasonable person' wouldn't just dump a perfectly good job without a fallback plan. Let's start with mitigation generally . The concept isn't unique to employment law, but is an extension of the general law of damages: Innocent parties are entitled to damages to put them into the position they would have occupied but for the breach, but they cannot recover for avoidable or avoided losses. If you agree to buy 100,000 widgets from me at $10 each, and then you renege...I can't just dump the widgets in the garbage and sue you for a cool million; I have to still try to sell the widgets at the best price I can get for them, and sue you for any shortfall. So if I can only get $8.50 per widget from others, I sue yo...