Can a plaintiff refuse to accept an alternate employment offer which is classified as a "labour grade" because it is an insult to his abilities?
Manitoba, Canada
The following excerpt is from Wiens v. DVMH Holdings Ltd., formerly known as Dakota Village Motor Hotel Ltd., 2005 MBQB 257 (CanLII):
Squires v. Stanley Hardware, (supra). There the plaintiff was wrongfully dismissed from his employment as a stationary engineer but he was offered alternate employment which was classified as “labour grade”. He refused the offer on the ground that it was an insult to his abilities. It was held that he was not obliged to accept the offer as the salary was lower, the working conditions were different, the shifts were longer and, in the perception of the plaintiff, the work was demeaning.
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