Breaking-Up Is Complicated! Constructive Dismissal And The Duty To Mitigate

In Gent v Strone Inc., a 2019 Ontario Superior Court of Justice decision, the Court has reaffirmed that a duty to mitigate requires a wrongfully dismissed employee to accept an offer for re-employment where it is reasonable to do so.

Facts

At the time of his layoff, on October 15, 2015, Mr. Gent had worked for Strone Inc. ("Strone") for 23 years and was 50 years of age. He began his career at Strone as a carpenter, and was subsequently promoted to the position of Health & Safety Training Specialist.

Strone informed Mr. Gent that he was being temporarily laid off due to a decline in business, and that he would be recalled once business improved. Strone requested that Mr. Gent inform the Company on an ongoing basis of his availability to work.