A recent decision reaffirms that employees have an obligation to
return to work following a constructive dismissal to mitigate their
damages where doing so would not be embarrassing, humiliating
and/or degrading. In Gent v Strone Inc, 2019 ONSC 155, the
Court found that an employee should have returned to work in
mitigation after a constructive dismissal.
What Happened?
The employee was a 53-year-old Health and Safety Training
Specialist. He had been employed by the employer for approximately
22.5 years.
In 2014, the employer had a significant decrease in its
business. The decrease resulted in a number of layoffs including 22
permanent layoffs and three temporary layoffs.
The employee was temporarily laid off on October 15, 2015. At
the time of the layoff, the employee was told that he would be
recalled as soon as possible when business improved. This was
communicated through an in-person meeting, and was explained in the
layoff letter. The employer maintained
