Key Points:
- Parties: Srinivasan Giduturi (Plaintiff) vs. LG Electronics Canada Inc. (Defendant)
- Background: Srinivasan Giduturi sued LG Electronics following his termination after 13 years and five months of employment, in connection with the company outsourcing its warehouse operations to Pantos. Giduturi declined a job offer from Pantos and was subsequently terminated.
- Issues: The case focused on whether Giduturi’s decision to reject the Pantos offer constituted a failure to mitigate damages and what constituted a reasonable notice period.
Court Findings:
- Mitigation of Damages: The court found that the duty to mitigate was not engaged by the Pantos offer as it was made and withdrawn before Giduturi’s actual termination. It was also noted that the offer was not wholly identical to his previous employment in terms of benefits and job security.
- Reasonable Notice Period: The court determined a 12-month notice period as appropriate, considering Giduturi’s age, length of service, job responsibilities, and efforts to find comparable work.
- Damages Awarded: Giduturi was awarded 12 months of notice less the amount already paid to him upon termination.
Conclusion:
The court ruled in favor of Srinivasan Giduturi, emphasizing the importance of reasonable notice and the employee’s efforts to mitigate damages. The decision underscores the legal considerations in cases of termination related to outsourcing and the assessment of comparable employment offers in the context of wrongful dismissal claims.
