Constructive Dismissal or reasonable notice?

ANSWER: A constructive dismissal happens when significant changes are made to the terms of your employment without reasonable notice. You are in management and have been there 12 years so let’s assume that reasonable notice is at least 10 months, if not more. Two weeks’ notice is not 10 months’ notice.

 While I think you’ve got the argument for constructive dismissal, there is a second concern. The company may argue that while it is a significant change without reasonable notice, you still have an obligation to mitigate your damages, to lessen the loss, by accepting the new position given that there was nothing personal about it.

 Ultimately, it will be up to a judge to decide whether, objectively, a reasonable person would find it humiliating and have the right to take the position they are terminated and seek a severance package.

 I think most judges would consider you terminated and not find that you were obliged to accept the new position. What’s the point of having a concept of constructive dismissal in the law if you still have to take whatever the employer decides to dish out?

Ed Canning
Ed Canning
P: 905.572.5809
ecanning@rossmcbride.com