Decision 18009

Case Number Claimant Judge Language Decision date
Decision 18009   MacKay  English 1990-05-11
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  working conditions  change 

Summary:

Generally there is no requirement that the employee make any efforts towards reconciliation in a case where the employer has acted unilaterally in any manner which fundamentally alters the terms of employment as they existed prior to separation.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  tantamount to dismissal 

Summary:

It is important not to equate "just cause" and "constructive dismissal" since "just cause" is broader than the strict grounds of the latter. But at the very least, cases where the employer's actions can be shown to amount to constructive dismissal will always provide just cause. Where the employer presents the employee with fundamentally different and new terms of employment and conveys to the employee that he must accept them or else face dismissal, the employee is fully entitled to treat this action as a constructive dismissal and leave.


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