The plaintiff, Sharon Gannon, brought a wrongful dismissal action against Kinsdale Carriers Limited following the closure of its trucking business due to the economic impact of the COVID-19 pandemic.
The court considered whether the plaintiff had advanced notice of the closure and, critically, whether she failed to mitigate her damages by refusing an offer of comparable employment.
The court found that the plaintiff had constructive notice of the impending closure and that she unreasonably rejected a comparable job offer from Zehr Transport.
Consequently, the plaintiff was not entitled to reasonable notice damages.
