Employees Duty to Mitigate Loss

Employees should be aware of the Duty they have to Mitigate their loss in dismissal legal actions.

Every employee who is dismissed and takes a case for unfair/constructive dismissal, has a duty to mitigate their loss.

This is a proactive duty imposed on employees.

In simple terms, they must make genuine efforts to secure employment after being dismissed. They must mitigate their financial loss and be able to prove mitigation.

Many cases come before the Workplace Relations Commission wherein an employee does not satisfactorily prove mitigation of their loss, and consequently any favourable award is then reduced by the Adjudicator for not mitigating their loss.

Disclaimer of Employee Duty to Mitigate Loss Article

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed.

It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Legal advice should be sought from a solicitor prior to relying on anything in this article.  

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.