Decision 19432

Case Number Claimant Judge Language Decision date
Decision 19432   MacKay  English 1991-04-29
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -

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


A constructive dismissal occurs when the employer unilaterally, that is without the agreement of the employee, imposes changes upon the terms of the employment contract which are of a fundamental nature. This always amounts to just cause for leaving. Purchasing manager with 11 years of seniority who disagreed with the appraisal, declined to sign the form and, upon being imposed a probationary period of 9 months, left on the advice of his lawyer. This amounted to a constructive dismissal and to just cause for leaving.

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