M. v Motion Industries (Canada) Inc.
Constructive Dismissal: 16 Months Notice for Role Change
Appeal history
- Appealed to the Court of Appeal for Ontario: Motion Industries (Canada) Inc. v. M., 2015 ONCA 224 (CanLII) (appeal dismissed)
Summary
This constructive dismissal case involved a project manager whose role was fundamentally altered to an outside sales representative upon recall from lay-off. The court determined that the plaintiff was entitled to treat the employment as terminated due to the employer's failure to offer a comparable position and was not obligated to mitigate damages by accepting the ill-defined role. A sixteen-month notice period was awarded, with damages calculated based on lost commissions.
Outcome
Plaintiff awarded sixteen months' notice and damages in lieu of notice.
Award
Sixteen-month notice period awarded; damages calculated based on lost commissions.
Key Factors
- constructive dismissal
- fundamental change to employment terms
- duty to mitigate
- reasonable notice
- comparable position
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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.