What is a reasonable time to protest the demotion and claim wrongful dismissal?

Prince Edward Island, Canada


The following excerpt is from MacEwen v. M. F. Schurman Company Ltd., 1998 CanLII 5663 (PE SCTD):

The case law varies as to what constitutes a reasonable time in which to protest the demotion and claim wrongful dismissal.The time limit can be weeks to months depending on the circumstances. When a sales manager continued in the defendant s employ for three months after a reduction in his remuneration, the court held that continuing as an employee of the defendant for a period of over two months was inconsistent with an election on the part of the plaintiff to accept repudiation of the contract of employment by the defendant. Schellenberg v. Marzen Artistic Aluminum Ltd., [1986] B.C.J., no. 1190 (B.C.C.A.).

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