The plaintiff, a 58-year-old employee with 34 years of service, sued his employer for constructive dismissal after the employer unilaterally changed his job description, effectively demoting him from a sales and service technician to a project technician on the plant floor.
The court found that the unilateral change breached the employment contract and constituted constructive dismissal.
The court awarded the plaintiff 28 months' reasonable notice due to exceptional circumstances, including the employer's bad faith conduct.
The court also found that the plaintiff reasonably mitigated his damages and awarded $25,000 in aggravated/moral damages for the employer's bad faith in the manner of dismissal.
