G. v. Strone Inc.
Constructive Dismissal: Layoff & Mitigation Limits Damages
Summary
This wrongful dismissal case addressed whether a temporary layoff without contractual authority constituted constructive dismissal for a Health & Safety Training Specialist with 23.5 years of service. The court found constructive dismissal occurred but limited the plaintiff's damages to 3.5 weeks because he unreasonably refused a recall offer, failing to mitigate his losses.
Outcome
Constructive dismissal found; damages limited to 3.5 weeks due to failure to mitigate.
Award
Damages calculated at $4,846.15 for 3.5 weeks.
Key Factors
- constructive dismissal
- temporary layoff
- mitigation of damages
- recall offer
- Bardal factors
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More Ontario employment decisions from 2019
This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.