Loehle v. Purolator Courier Ltd.
Constructive Dismissal: Demotion and Mitigation of Damages
Summary
A constructive dismissal case where the plaintiff was demoted after completing a fixed-term management role. The court considered whether the demotion constituted constructive dismissal and whether the plaintiff was required to mitigate damages by accepting the demoted position. The plaintiff was found not to be entitled to damages due to failure to mitigate.
Outcome
No damages awarded due to failure to mitigate
Award
Nine months deemed an appropriate notice period, but no damages awarded due to failure to mitigate
Key Factors
- constructive dismissal
- demotion
- mitigation of damages
- employment contract
- notice period
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