One of the biggest concerns for employers reorganizing in
response to operational requirements is the potential for
constructive dismissal claims by employees impacted by the
changes.
A recent Ontario Superior Court of Justice decision
reminds us that a finding of constructive dismissal by a court,
does not always result in an award of damages.
In Gent v. Strone
Inc., 2019 ONSC 155 ("Gent"), Justice
Pollak was required to assess whether the former employee ought to
have mitigated his damage claim by accepting the employer's
offer of recall following a 26 day temporary layoff.
The Court concluded that the layoff was
a constructive dismissal, given the absence of any contractual
entitlement on the part of the employer to impose the layoff
without consent.
