Bevilacqua v Gracious Living Corporation
Constructive Dismissal: Temporary Layoff Without Contractual Provision
Summary
A constructive dismissal case where an employer unilaterally imposed a temporary layoff without a contractual provision, leading to a dispute over the notice period and mitigation of damages. The court ruled that a temporary layoff without authorization constitutes constructive dismissal and determined the appropriate notice period.
Outcome
Plaintiff entitled to three months' salary in lieu of notice.
Award
Three months' salary in lieu of notice.
Key Factors
- constructive dismissal
- temporary layoff
- notice period
- mitigation of damages
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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.