Mar 18, 2014

Summary of Moores v. Samuel & Co. Apparel Ltd.

Moores v. Samuel & Co. Apparel Ltd., 2011 NSSM 39 (CanLII)
The 54-year-old claimant, who had managed a women's clothing store for approximately five years, brought an action for wrongful dismissal. Although there was no allegation of just cause, the defendant argued that even though she had submitted 32 job applications, the claimant had failed to mitigate her damages by not applying to more women's clothing stores in the area.Considering both that she was in a management position in a retail environment and her age, the claimant is entitled to five months' notice; no failure to mitigate was proven.