Lemay v. Canada Post Corp.
Constructive Dismissal Case: No Breach Found Despite Alleged Contract Changes
Summary
A constructive dismissal case where the plaintiff alleged fundamental breaches of the employment contract, including unilateral changes to sales targets, relocation of office to home, and alleged inappropriate conduct by management. The court applied the Farber test and found no constructive dismissal, assessing a sixteen-month notice period but dismissing the claim due to lack of proof of fundamental breaches.
Outcome
claim dismissed as no constructive dismissal was found
Key Factors
- constructive dismissal
- unilateral changes to employment contract
- Farber test
- mitigation of damages
- notice period
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