What is the test for constructive dismissal when an employee unilaterally changes the terms of their employment contract?
Ontario, Canada
The following excerpt is from Renaud v. Graham, 2007 CanLII 5680 (ON SC):
I also agree that “where an employee unilaterally makes a fundamental and substantial change to an employee’s contract for 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”: Farber v. Royal Trust Co., 1997 CanLII 387 (SCC), [1997] 1 S.C.R. 846, at ¶33.
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