LAW 529 Chapter Notes - Chapter 15: Constructive Dismissal, Fundamental Breach, Condonation

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Peter Wilson

Document Summary

Chapter 15- (cid:862)you forced me to quit! (cid:863) the pecial case of co(cid:374)structive. A contract could include an expressed right for employers to reassign employees the cou(cid:396)ts ha(cid:448)e fou(cid:374)d that e(cid:373)ploye(cid:396)"s do ha(cid:448)e a(cid:374) i(cid:373)plied (cid:396)ight to (cid:396)eassig(cid:374) (cid:449)o(cid:396)ke(cid:396)s a(cid:374)d shuffle job tasks, within reasonable limits. If the reassignment results in a demotion, then it is far more likely to constitute a constructive dismissal: see pg. 192 for an example: reassignment of an employee to a different work location, the courts begin by asking whether an expressed contract term exists permitting the employer to transfer the employee to a new location. If the job in the new location would involve a demotion or a pay cut, then it is more likely to amount to a constructive dismissal. An implied right to suspend could be based on a history of the employer issuing unpaid suspensions that is well known and accepted by the employee.