Wrongful dismissal action dismissed because the plaintiff unreasonably refused an identical replacement job, failing to mitigate.
The plaintiff, an 18-year employee, was terminated from his position as Service Manager but immediately offered an identical position at the same salary at a related dealership.
The plaintiff refused the offer, citing concerns about seniority and the future of the new dealership, and sued for wrongful dismissal.
The court found that the plaintiff's refusal was objectively unreasonable and that he failed to mitigate his damages.
The action was dismissed with costs awarded to the defendant.
Aleem Ghanny v. 498326 Ontario Limited, 2012 ONSC 3276
