What is the test for a constructively dismissed employee to change his own compensation?
Ontario, Canada
The following excerpt is from Evangelista v. Number 7 Sales Limited, 2008 ONCA 599 (CanLII):
The trial judge found that the appellant’s unilateral action in changing the compensation constituted a fundamental breach of the employment contract which entitled the respondent to consider himself constructively dismissed: Farber v. Royal Trust Co., 1997 CanLII 387 (SCC), [1997] 1 S.C.R. 846 at para. 33. I see no merit in this ground of appeal.
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