Ontario court deflates worker’s wrongful dismissal claim

Employee should have accepted offer to come back to work after employer realized mistake: Court
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 10/03/2012

An Ontario worker should have accepted a job offer from the employer who wrongfully dismissed him two weeks earlier, the Ontario Superior Court of Justice has ruled.

Earl Chevalier worked at Speedy Muffler automotive service centres for 32 years, and then became an employee of Active Tire when it acquired several of Speedy’s service centres in 2007. At the time of the acquisition, Chevalier was a service centre manager and his service time was assumed by the new owners. When Active Tire took control, Chevalier and other managers entered into new employment agreements that included Active Tire’s “Steps to Success” manual. Chevalier’s employment agreement also stated that Active Tire could change his duties and location unilaterally, but Active would not transfer anyone greater than 50 km from home without their agreement.

Chafing under new management