The plaintiff, a 58-year-old medical assistant with 35 years of service, sued her former employer for wrongful dismissal after being placed on an indefinite layoff following the death of the doctor she primarily worked for.
The employer argued she was only temporarily laid off and failed to mitigate by refusing single shifts.
The court found the unilateral layoff constituted constructive dismissal, as the employer had no contractual right to lay her off.
The court awarded a 22-month notice period and found no failure to mitigate, as the single shifts offered were substantially different from her prior regular schedule.
