Scenario 2 (Business Law)

Darshan had been a (non-union) facilities manager for the employer for 15 years when he was advised he was being temporarily laid off for three months. Taking the position that the layoff constituted constructive dismissal because there was nothing in his employment contract allowing for a temporary layoff, Darshan sued the employer for wrongful dismissal, claiming reasonable notice damages.

1. Did the temporary layoff amount to constructive dismissal?

2. If it was constructive dismissal, was Darshan required to accept the recall date as part of his duty to mitigate?