What is the leading case on the question of constructive dismissal?
Ontario, Canada
The following excerpt is from Evangelista v. Number 7 Sales Ltd., 2006 CanLII 22933 (ON SC):
It is common ground that a leading case on the question of constructive dismissal is Farber v. Royal Trust Co. 1997 CanLII 387 (SCC), [1996], 145 D.L.R. (4th) 1 (S.C.C.). Gonthier J., at para. 33, made the following observation: …where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment…a change that violates the contract terms…the employer is committing a fundamental breach of the contract that results in its termination and entitles an employee to consider himself or herself constructively dismissed. The employee can then claim damages from the employee in lieu of reasonable notice.
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