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ARTICLE · 05 JUNE 2014

Farwell V. Citair: "Insurmountable" Obstacle In Mitigation

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In Farwell v. Citair, Inc., the Court of Appeal makes an important point with respect to the application of the principles of mitigation in a constructive dismissal case.

CanadaEmployment and HR
Miller Thomson LLP
Miller Thomson LLP
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In Farwell v. Citair, Inc. (General Coach Canada), 2014 ONCA 177, the Court of Appeal makes an important point with respect to the application of the principles of mitigation in a constructive dismissal case.

A 58 year old employee with 38 years of service was transferred from the position of Operations Manager Vice President of Operations to a Purchasing Manager. The position of Purchasing Manager was a position that he had held many years earlier and the transfer would have left him reporting to someone who had been his subordinate. His income would have remained almost the same however. The trial judge found that the employee had no obligation to accept the Purchasing Manager position given that, viewed subjectively, it would have been humiliating and embarrassing for him to take the position.

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