View cases - Stewart McKelvey

- 20 -did find employment at Bennett Dunlop in Regina two months after hisdismissal, that job lasted less than a month. Mr. Coppola did not lose thatposition because of anything he did or did not do. In considering whether“similar employment” was available to Mr. Coppola in the City of Regina orits environs, I also take into account that it was highly improbable that anyonewould have hired him at the same salary that he was earning at Capital Pontiacat the time of his dismissal.2011 SKQB 318 (CanLII)• Given Mr. Coppola’s experience and qualifications in automotive sales andfinancing and his ability to quickly translate his personal attributes into asuccessful sales career at Capital Pontiac within a short period of time—asevidenced by the substantial salary and commissions he was earning at thetime of his dismissal—I am inclined to place Mr. Coppola into the category ofa senior or higher-ranking employee deserving of a longer period of notice ofdismissal despite his relatively short period of employment at Capital Pontiac.[49] In these particular circumstances, and having carefully considered the precedentsreferred to herein, I find that Mr. Coppola ought to have received six months notice priortermination.Mitigation[50] It is well settled law that the onus is on the employer to establish that the employeefailed to mitigate. (See:Red Deer College v. Michaels and Finn, [1976] 2 S.C.R. 324, [1975]5 W.W.R. 575 (S.C.C.), at pp. 580 and 581.) In this case, Mr. Coppola did obtain