In reaching its decision, the court will consider the intention of the parties at the time the contract was formed and the nature and degree of
seriousness of the breach of contract when deciding whether a constructive dismissal has occurred.
Both the Arbitrator and Justice Pardu held that although the negotiation
of the
contract was not in accordance with the procedures set out in the collective agreement, the penalty (voiding the
contract) would not be proportional to the
seriousness of the
breach.