What is the test for a constructive dismissal claim if an employee is not treated with civility, decency and respect?
Alberta, Canada
The following excerpt is from Lamb v. Gibbs Gage Architects, 2011 ABPC 315 (CanLII):
First, let me state that it is a fundamental and implied term of all employment contracts that employees are entitled to be treated with civility, decency, and respect. A breach of that fundamental term gives rise to a claim of constructive dismissal. This is as stated in Lloyd v. Imperial Parking Ltd., (1996) 192 AR 190 (QB).
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