What is the test for commencement of an action for damages for wrongful dismissal?
British Columbia, Canada
The following excerpt is from Danielisz v. Hercules Forwarding Inc., 2012 BCSC 1155 (CanLII):
The law in this Province is that commencement of an action for damages for wrongful dismissal is an acceptance by the employee of a constructive dismissal if such a dismissal can be proven, or if the dismissal is not established, a repudiation by the employee of her contract of employment: Evans v. Listel Canada Ltd., 2007 BCSC 299, at para. 62.
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