LAW 529 Lecture Notes - Lecture 4: Bechtel, Fundamental Breach, Wrongful Dismissal
17 Dec 2019
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Constructive dismissal: wrongful dismissal; caused by employer who commits a fundamental or repudiatory breach of an employment and intolerable for employee, unilateral change by employer: key: if not fundamental breach found employee has just resigned. Must be done so in a reasonable period of time or the court may find that the employee had condoned the contract: the onus is on the employee to prove that constructive dismissal has occurred. Farber v. royal trust co-> constructive dismissal case. If reassignment results in demotion, more likely to constitute a constructive dismissal. Reassignment to a different work location: contract terms viewed first, similar use of the reasonable factors above. Shah v. xerox canada ltd-> ongoing criticism was intolerable for employees, verbal abuse = breach. Employee acceptance and condonation of the employers" repudiation of contract. Employer"s fundamental breach of contract does not itself bring the contract to an end employee must accept employer"s repudiation of contract, treat contract at end by quitting.
