Constructive dismissal occurs when you are forced to resign from your employment due to
a fundamental breach of the employment contract by your employer.
The trial judge found that although there had been some diminishment of the plaintiff's responsibilities in that he no longer directly supervised any employees or had responsibility for an operations budget, the diminishment was not enough to constitute
a fundamental breach of his employment contract.
Not exact matches
1.5 It is agreed that the failure
of the Store Manager to use their best endeavours to provide book up in accordance with the duties, guidelines or procedures referred to in this
Contract will be a
fundamental breach of the
Contract and the Employer may, at its absolute discretion, terminate the
employment of the Store Manager.
«As I understand counsel for the respondent in this Court, he was
of the view that the company could not relocate its business to the financial detriment
of the respondent without creating a
fundamental breach of its
contract of employment.
If an employer attempts to temporarily lay - off an employee without proper contractual authorization or consent, then the
fundamental conditions and terms
of the
employment contract may be considered to have been altered and the
contract breached.
Other decisions, such as the Ontario Court
of Appeal's decision in Shah v. Xerox Canada Ltd., 13 found that it was not necessary to find a
fundamental term
of the
employment contract had been
breached in order to find that a constructive dismissal had occurred.
The determination
of whether an employee who has been instructed by her employer to transfer to another geographic location is a
fundamental breach of the employee's
employment contract depends on a number
of factors including the specifics
of any proposed geographic transfer and whether the employee's
employment contract contains an express or implied term
of employment that allows the employee's to be transferred.