The plaintiff employee and defendant employer both brought motions for summary judgment in a wrongful dismissal action.
The plaintiff was temporarily laid off in March 2020 due to the COVID-19 pandemic, and the layoff was extended several times.
The plaintiff waited nine months before alleging constructive dismissal.
The court found that the plaintiff had acquiesced to the layoff by failing to object within a reasonable period of time.
The plaintiff's motion for summary judgment was dismissed, and the defendant's motion to dismiss the action was granted.
Costs were awarded to the defendant.