LAW 529 Chapter Notes - Chapter 15: Constructive Dismissal, Fundamental Breach, Wrongful Dismissal

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Pnina Alon Shenker

Document Summary

Chapte(cid:396) (cid:1005)(cid:1009): (cid:862)you fo(cid:396)(cid:272)ed me to quit! (cid:863): the pe(cid:272)ial case of co(cid:374)st(cid:396)u(cid:272)ti(cid:448)e dis(cid:373)issal. Innocent party can elect to treat the contract as having been terminated, which entitles that party to damages for any loss resulting from that termination. It means that the employee is an accepting that the employer has terminated the employment contract. Cha(cid:374)ges to a(cid:374) e(cid:373)plo(cid:455)ee"s co(cid:373)pe(cid:374)satio(cid:374) a(cid:374)d be(cid:374)efits: for most employees the compensation clause is the most important in the contract after all, most of us work in order to be paid. However, non-payment of a bonus that the employee had earned and that would reasonably be expected based on the contract and past practice can still amount to a constructive dismissal. In contrast, a lateral transfer or promotion, even in the face of an objection from the employee, will usually not be treated by the courts as constructive dismissal.