What constitutes constructive dismissal of a regular employee?

British Columbia, Canada


The following excerpt is from Watson v. Seacastle Enterprises Inc., 2007 BCSC 365 (CanLII):

According to Farber v. Royal Trust Co., 1997 CanLII 387 (SCC), [1997] 1 S.C.R. 846 at 864, constructive dismissal of a regular employee occurs when: an employer unilaterally makes a fundamental or substantial change to an employee's contract of employment - a change that violates the contract's terms - the employer is committing a fundamental breach of the contract that results in its termination and entitles the employee to consider himself or herself constructively dismissed.

Other Questions


Does a constructive dismissal constitute constructive dismissal? (British Columbia, Canada)
What is a constructive dismissal and what is the effect of the constructive dismissal? (British Columbia, Canada)
Does a change in the way an employee is to her core duties constitute a constructive dismissal? (British Columbia, Canada)
What is the appropriate notice period for an employee who was constructively dismissed? (British Columbia, Canada)
Can an employer rely upon misconduct discovered after an employee has been dismissed to justify a summary dismissal? (British Columbia, Canada)
When determining just cause for dismissal of an employee, is the employee’s misconduct justified? (British Columbia, Canada)
What is the effect of an employer's contact with an employee after the employee has been dismissed? (British Columbia, Canada)
Does a common law husband of an employee who has been dismissed for wrongful dismissal have to sue the employer for damages? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
What constitutes a demotion as a constructive dismissal? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.