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A wrongfully dismissed employee failed to mitigate his damages when he refused a recall to employment from temporary layoff.
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The Ontario Superior Court of Justice awarded a former employee $170,117.84 in damages for unjust dismissal in Headley v. City of Toronto.
The Ontario Superior Court of Justice held that a constructively dismissed employee was entitled to the compensation he would have received.
The Ontario Superior Court considered if an employee’s failure to return to work after disability benefits were denied amounted to a resignation.
Many workers are unaware of their rights and may be vulnerable to employers who might classify them in such a way as to limit their compensation.
Part of the function of an HR Department is to resolve personnel complaints. But what happens when it seems that HR simply does not have your back?
This case provides a caution to employers to watch their language: something said in an argument with an employee may come back to bite them in court.
In this decision, the Ontario Court of Appeal considered the effect of an employee’s resignation and re-employment in a wrongful dismissal case.