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ARTICLE · 01 FEBRUARY 2019

Constructively Dismissed? You May Have To Go Work For Your Old Boss

McCague Borlack LLP
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The recently released Ontario Superior Court of Justice decision, Gent v Strone Inc. reiterates the importance of an employee's duty to mitigate damages by accepting an offer of re-employment from his or her former...

CanadaEmployment and HR
McCague Borlack LLP
McCague Borlack LLP
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The recently released Ontario Superior Court of Justice decision, Gent v Strone Inc.1 reiterates the importance of an employee's duty to mitigate damages by accepting an offer of re-employment from his or her former employer after being constructively dismissed.

The Facts

Strone Inc. is in the business of providing emergency restoration and remedial services to commercial, municipal, and industrial entities. In 2014, the company suffered a decline in business, and subsequently laid off employees in January and October 2015. In addition, it temporarily laid off three employees with the plan of recalling them when business improved. One of these temporarily laid off employees was David Gent, a Health & Safety Training Specialist who had been working for the company for approximately 23 years.

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