Fired truck driver should have accepted old job back

Driver didn't state a clear intention to quit but should have mitigated his losses by accepting job offer at same pay, says arbitrator
|Canadian Employment Law Today|Last Updated: 05/05/2011

An Ontario truck driver was unjustly dismissed but is only entitled to one week’s pay because he refused an offer of his old job back at the same pay, an adjudicator has ruled.

William Banks was a truck driver for Nexus Freight System, a freight transport company based in Brampton, Ont. After he started working for Nexus in September 2007, Banks frequently complained about his pay and the process Nexus used to confirm loads to deliver. Nexus also had issues with Banks’ lack of communication with the dispatcher.