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Darren was wrongfully dismissed and filed a lawsuit for compensation. The employer offered to ...

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Darren was wrongfully dismissed and filed a lawsuit for compensation. The employer offered to ...

Darren was wrongfully dismissed and filed a lawsuit for compensation. The employer offered to re-employ Darren for the remainder of the notice period. Although there was no animosity and he did not have employment elsewhere, Darren refused to go back to work. Which of the following is correct?

▸ By refusing to return to work, Darren must forfeit all compensation for the wrongful dismissal.

▸ Since Darren had been wrongfully dismissed, he likely has a right to full compensation for the notice period and does not need to accept the offer of reemployment.

▸ Darren would likely be entitled to reasonable pay in lieu of notice as well as punitive damages.

▸ Darren could now sue the employer for harassment for offering re-employment instead of proper compensation for wrongful dismissal.

▸ Darren has failed to mitigate his losses, so damages would likely be reduced accordingly.

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Legal Fundamentals for Canadian Business

Edition: 4^th

Author: Yates

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