The “mitigation of damages” rule requires employees to make reasonable attempts to find new work after they get wrongfully dismissed. If they don’t, the court can cut their damages award. Question: Must employees who are constructively dismissed return to work with the same employer that constructively dismissed them? Answer: Yes, in some cases. But what really ticked off the employer in this case in which a constructively dismissed school employee declined an offer to return to work for the school, is that the arbitrator didn’t even cite the leading case (Evans v. Teamsters) or factors in finding that the employee did mitigate his damages. But the federal appeals court refused to overturn the decision. Although the arbitrator didn’t cite Evans, he was clearly aware of the issue and made a reasonable decision, the court ruled [Kainai Board of Education v. Day, 2019 FC 283 (CanLII), March 7, 2019].