Employer told worker he was getting new shift hours but backtracked when worker protested
Constructive dismissal is a well-known employment law concept. In short, constructive dismissal can occur when an employer fundamentally changes a term or condition of an employee’s employment and the employee does not agree, either explicitly or implicitly, to its occurrence. While the analysis of whether an employee is entitled to damages resulting from constructive dismissal changed as a result of the Supreme Court of Canada’s 2008 decision in Evans v. Teamsters, Local 31, the basic concept of how it can occur has remained somewhat unaltered. The Ontario Labour Relations Board’s recent decision in Oca v. Home Depot of Canada Inc. is a great reminder of this fundamental employment law concept.
