WRONGFUL DISMISSAL - Constructive dismissal - Change to working conditions

Law360 Canada ( August 31, 2018, 7:57 AM EDT) -- Appeal by the employer from summary judgment awarding the respondent damages for constructive dismissal. Cross-appeal by the plaintiff from failure to award her the pro rata portion of her 2017 bonus for the two months she worked in 2017 and all forms of compensation, including bonus compensation, for the duration of the notice period.  The respondent worked for the appellant’s predecessor since 1995 on the understanding that she could work from home three days per week rather than commute from Waterloo to Toronto daily. When the appellant purchased the business, the appellant informed the respondent that she could no longer work from home. The respondent took the position that she had been constructively dismissed. The appellant argued the motion judge erred in failing to find that the respondent’s duty to mitigate did not require her to return to work for the appellant and by concluding that the appellant arbitrarily set the respondent’s fourth-quarter bonus payment for 2016....
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