ARTICLE · 15 DECEMBER 2014

Employer Fails To Trigger Employee’s Duty To Mitigate

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In Farwell v Citair Inc., the appellant argued that the trial judge made an error of mixed fact and law, and misapplied the principles of the law of constructive dismissal.

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Jessica Pliszka

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In Farwell v Citair Inc. (General Coach Canada) 2014 ONCA 177 the appellant, Citair Inc., argued that the trial judge made an error of mixed fact and law, and misapplied the principles of the law of constructive dismissal.

Constructive Dismissal

The trial judge held that Citair Inc. had wrongfully dismissed the respondent, Kenneth Farwell. She found that moving Mr. Farwell from Operations Manager/ Vice President Operations to the position of Purchasing Manager was a fundamental change to the employment contract. The argument that Mr. Farwell had not mitigated his damages because he did not stay in the position offered to him of Purchasing Manager for the notice period, was dismissed. The trial judge fixed the damages in lieu of notice at 24 months.

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