What exactly is constructive dismissal?
In the leading case of Farber v. Royal Trust , the Supreme Court of Canada gave a very expansive and definitive characterization to constructive dismissal that is binding on all Canadian jurisdictions. Simply put it is any act committed unilaterally by the employer that materially alters the nature of the employment agreement . Constructive dismissals take on three major forms 1 ) a substantial change in the employees remuneration and/or benefits ( generally considered to be in excess of a 10% variance) with immediate effect 2) a change in an Employees duties and responsibilities that an employee would find humiliating and/or cause an undermining of his ability to fulfill his duties. 3) the creation of a “toxic ” or insecure workplace in which the employee is harassed , humiliated and threatened on a consistent basis such that his/her employment has been rendered devoid of security. There are literally hundreds of recorded examples of such conduct in the case law although it is always
