A BC employee has successfully asserted a claim for constructive dismissal after being reassigned to a new position. Younger v. Canadian National Railway Company is a good reminder for employers that the courts may find there has been a constructive dismissal where an employee has been reassigned to a new position involving fewer responsibilities and a reduction in pay.
Younger had been a railway employee since graduating high school in 1973. He started working as a labourer and eventually advanced to a management position at CN. In 2004, CN assigned Younger to the position of Assistant Superintendent Mechanical (“ASM”), which … Continue Reading
A BC employer has successfully defended a claim for constructive dismissal despite taking away supervisory duties and moving the employee from an office to a cubicle. The Meyers v. Chevron Canada Limited case is a welcome change from earlier cases we have discussed here (changing a bonus) and here (abusive workplace environment).
Meyers worked for Chevron in a number of positions since 1994. Some of the job changes were considered promotions while others were lateral moves, but he agreed to all of them. The last move was to a Business Analyst position when his former department was eliminated. He no … Continue Reading
A judge in BC has ruled that a unilateral change to an employee’s bonus was constructive dismissal: Piron v. Dominion Masonry. That was despite the employer’s plea that the bonus was discretionary, and despite the evidence that the bonus varied widely from year to year and project to project.
The case highlights the need for employers to be careful about how incentive compensation is determined, especially if they want to be able to claim it is discretionary in any way.
James Piron was a 44 year old masonry foreman who had worked for Dominion Masonry for 19 years. He … Continue Reading