What is the test for constructive dismissal in common law?

Saskatchewan, Canada


The following excerpt is from Bell v. Intertan Canada Ltd., 2002 SKQB 446 (CanLII):

In Farber v. Royal Trust Co., 1997 CanLII 387 (SCC), [1997] 1 S.C.R. 846, Gonthier J., for the court, accepted, at pp. 864-65, that the concept of constructive dismissal, at common law, was as defined by Sheristobitoff J.A. in an article entitled “Constructive Dismissal”, in B. D. Bruce, ed., Work, Unemployment and Justice (Montreal: Themis, 1994), 127 at 129: A constructive dismissal occurs when an employer makes a unilateral and fundamental change to a term or condition of an employment contract without providing reasonable notice of that change to the employee. Such action amounts to a repudiation of the contract of employment by the employer whether or not he intended to continue the employment relationship. Therefore, the employee can treat the contract as wrongfully terminated and resign which, in turn, gives rise to an obligation on the employer’s part to provide damages in lieu of reasonable notice.

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