Benefits Canada Publishes an Article by Thomas Agnew on Constructive Dismissal and the Duty to Mitigate Damages
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Constructive Dismissal and the Corresponding Duty to Mitigate Damages.”
In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. This case serves as an important reminder to employers that absent of an express term of employment that provides the employer the right to layoff an employee, even a temporary layoff can result in a constructive dismissal. However, where a layoff results in a constructive dismissal, the employee will be required to mitigate their damages and this may require returning to work for their former employer.