2 total
Wrongful dismissal appeal allowed in part to deduct mitigation earnings from a lower-paying position.
The appellant employer appealed a judgment awarding the respondent damages for wrongful dismissal, arguing the trial judge erred in finding no just cause for dismissal and no failure to mitigate.
The Court of Appeal upheld the trial judge's findings on just cause, noting the lack of admissible evidence regarding a culminating customer complaint.
The Court also upheld the finding that the respondent did not fail to mitigate, as the appellant failed to prove comparable employment was available.
However, the Court allowed the appeal in part, finding the trial judge erred by refusing to deduct income the respondent earned in a lower-paying position during the notice period.
The damages award was reduced by the $32,881.43 earned in mitigation.
Motion to stay HRTO award pending judicial review dismissed due to lack of irreparable harm.
The applicant brought a motion to stay the enforcement of a $34,508.98 Human Rights Tribunal of Ontario award pending its application for judicial review.
The applicant argued there was a real risk the respondent would be unable to repay the award if the judicial review succeeded.
The court applied the RJR-MacDonald test and found the applicant failed to establish irreparable harm, as the evidence of the respondent's inability to repay was speculative and based on outdated income information.
The motion for a stay was dismissed.
