What constitutes constructive dismissal in common law Canadian common law?
Ontario, Canada
The following excerpt is from Hawkwind Farms Ltd. operating as Hawkwind Hanoverians v Jessy Hurley-Maloney, 2016 CanLII 47888 (ON LRB):
35. What constitutes constructive dismissal has been the subject matter of many court and tribunal decisions. In Farber v. Royal Trust Co., 1997 CanLII 387 (SCC), [1997] 1 S.C.R. 846, at paragraph 33, Gonthier, J. wrote: Thus, it has been established in a number of Canadian common law decisions that where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment - a change that violates the contract’s terms - the employer is committing a fundamental breach of the contract that results in its termination and entitles the employee to consider himself or herself constructively dismissed.
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