Earl Chevalier was employed by Active Green + Ross for 33 years
and was a service centre manager for 18 of those years. On October
28, 2008, he was notified that he was being temporarily laid off
from his job at the end of the month. When Mr. Chevalier later
commenced an action for wrongful dismissal, his employer called
back stating that it had acted under the mistaken belief that it
could lay off Mr. Chevalier. Mr. Chevalier however refused to
return to work and decided to continue with this litigation.
The Ontario Superior Court of Justice held that Mr. Chevalier
was constructively dismissed when he was laid off by Active Green +
Ross on October 28, 2008. Accordingly, he was entitled to notice in
the range of 18 to 24 months. However, the Court found that Mr.
Chevalier failed to mitigate his damages when he refused to return
to work.
