The plaintiff brought a motion for summary judgment in a wrongful dismissal action, claiming constructive dismissal due to a temporary layoff after 23 years of employment.
The court found that the temporary layoff constituted constructive dismissal as there was no contractual right for the employer to implement such a layoff.
However, the court also found that the plaintiff failed to mitigate his damages by refusing a bona fide recall offer from the employer, which included assurances of no reprisals and substantially similar terms of employment.
The plaintiff's subjective belief of embarrassment or degradation was not objectively supported.
Consequently, the plaintiff's damages were limited to the period between the layoff and the recall offer.
