When is a work commute too long to be reasonable?

Generally speaking, a dismissed employee has an obligation to take reasonable steps to find, and accept, new comparable employment. Whether it is reasonable to accept new employment will always be a contextual assessment taking into consideration: whether the work is within the individual’s skillset; whether the role is at a similar level of seniority (i.e., Director, Vice-President etc.); whether the compensation is approximately the same; and whether the job is within a reasonable distance from where the individual lives. On this last point, it is generally acknowledged by the courts that it is not reasonable to expect an individual to move cities to accept a new job.

In his latest contribution to First Reference Talks (a collaborative HR and employment law advisory blog), Paul Willetts reviewed a recent Ontario court decision where it was found, among other things, that adding 40 minutes (both ways) to an individual’s commute to accept employment was unreasonable. The decision in question also offers useful guidance for employers when responding to constructive (and wrongful) dismissal claims. Click here to read the full article.

Vey Willetts LLP is an Ottawa-based employment and labour law firm that provides timely and cost-effective legal advice to help employees and employers resolve workplace issues in Ottawa and across Ontario. To speak with an employment lawyer, contact us at: 613-238-4430 or info@vwlawyers.ca.