Can an employer unfairly change the nature of the relationship by dismissing or constructively dismissing an employee?
Ontario, Canada
The following excerpt is from Guzzo v Randazzo et al., 2015 ONSC 6936 (CanLII):
Consequently if the employer unfairly changes the nature of the relationship by dismissing or constructively dismissing an employee, the trust relationship is absent and the expectation of mutual self-interest is askew. If the employee was a fiduciary, that individual is relieved of their fiduciary obligations (Ford v. Keegan at para. 177). The individual becomes a regular employee unless of course they accept the terms of the changed employment which in itself has fiduciary overtones.
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