The appellant employer appealed a trial decision finding it had constructively dismissed the respondent and awarding damages based on a 16-month notice period.
The employer argued the trial judge erred in taking judicial notice of the mining industry's cyclical nature, finding the respondent was not obliged to accept a recall position to mitigate, setting a 16-month notice period, and determining the termination date under the Employment Standards Act.
The Court of Appeal dismissed the appeal, finding the trial judge's conclusions were supported by the evidence and that the respondent was constructively dismissed upon recall to a substantially different position.
