The plaintiff, a 16-year employee on long-term disability, was advised her employment was terminated due to corporate restructuring and offered a demoted position at a lower salary.
She accepted the new position to mitigate her damages and sued for wrongful dismissal.
On a motion for summary judgment, the court found she was wrongfully dismissed and awarded 18 months' notice based on her pre-termination salary.
The court held that the employer was not entitled to deduct the long-term disability benefits from the damages award because the plaintiff had contributed to the insurance premiums.
Claims for bad faith and discrimination damages were dismissed.
