Mifsud v. MacMillan Bathurst Inc.
Constructive Dismissal: 18-Year Employee Reassigned to Inferior Position
Summary
A constructive dismissal case where the plaintiff was reassigned from superintendent to foreman with diminished responsibilities, shift work, and reduced promotion prospects. The court found the reassignment constituted constructive dismissal and awarded 10 months' notice, considering the plaintiff's over 18 years of service, age, and responsibilities. The court also ruled the plaintiff was not obligated to remain in the reassigned position to mitigate damages.
Outcome
Plaintiff awarded 10 months' notice in lieu of reasonable notice
Award
Notice period of 10 months awarded
Key Factors
- constructive dismissal
- reassignment to inferior position
- notice period
- mitigation of damages
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