Can an employee claim constructive dismissal damages if the employer does not provide reasonable notice to the employee?
Ontario, Canada
The following excerpt is from Matheson v Erie Mutual, 2016 ONSC 704 (CanLII):
In Farber v. Royal Trust Co., 1997 CanLII 387 (SCC), [1997] 1 S.C.R. 846, at para. 34, Gonthier J. stated:. A constructive dismissal occurs when an employer makes a unilateral and fundamental change to a term or condition of an employment contract without providing reasonable notice of that change to the employee. Such action amounts to a repudiation of the contract of employment by the employer whether or not he intended to continue the employment relationship. Therefore, the employee can treat the contract as wrongfully terminated and resign which, in turn, gives rise to an obligation on the employer's part to provide damages in lieu of reasonable notice.
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