A 3-week suspension is substituted for dismissal: the employee is not entitled to any indemnity, since she made no attemps to reduce her damages

Release date: December 20, 2009

The arbitrator must determine whether a bus driver is entitled to the $58 740 pay indemnity she is claiming after the cancellation of her dismissal and her reinstatement. The employer alleges that no indemnity is due, since the employee did nothing to reduce her damages. The evidence shows that the employee rejected out of hand any idea of even looking for a job in any field of activity whatsoever. Though she registered for training in job seeking, she took no actual steps to find a job. She chose to “redirect her career”, since she feared she would not be able to find a job in her field with the same benefits, especially after being dismissed. The evidence clearly shows that there were many job opportunities in her area and in the field of passenger transportation. Consequently, the employee is not entitled to any indemnity between the end of her suspension and her reinstatement. Limocar de la Vallée Reg’d. v. General Truck Drivers, Warehousemen, Helpers and Automotive Employees, Teamsters Quebec, Local 106 (G. Parent) , DTE 2009T-326 (T.A.) Me Serge Brault


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