LABRST 3C03 Lecture Notes - Lecture 6: Objective Test, Reasonable Time, The Employer

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Week 6: constructive dismissal chapter 15, resignation chapter 17, employment standards act termination chapter 23. Always remember - if an employee is covered by al collective agreement then they are not covered by the common law of contract of employment but by the collective agreement which is enforced by grievance arbitration. If employee covered by collective agreement, esa applies but must be enforced through grievance arbitration: legal concept of constructive dismissal . An employer: commits a fundamental breach of contract through a substantial change in terms of employment (repudiates the contract) or, behaves in an intolerable manner over a period of time. An employee has a choice: tolerate a unilateral change in working conditions, responds by treating the contract as having been terminated by employer (employer has repudiated), and so deserves notice. Legal concept of constructive dismissal - a form of repudiation by the employer.

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