Ata-Ayi v. Pepsi Bottling Group (Canada) Co.
Constructive Dismissal: Employee Alleges Racism and Poisoned Workplace
Summary
A constructive dismissal case involving a long-time employee who alleged discriminatory treatment, including racism and a poisoned work environment, leading to a claim that the employer repudiated the employment relationship. The court applied the Farber v. Royal Trust Co. framework to assess whether the employer's conduct objectively repudiated the relationship and found that the employment relationship was not repudiated. The case also addressed issues of reasonable notice and overtime claims.
Outcome
Constructive dismissal claim dismissed — employment relationship deemed not repudiated by employer actions — reasonable notice period of 18 months hypothetically assessed if liability had been established.
Award
Hypothetical reasonable notice period of 18 months if liability had been established — no award of damages due to dismissal of constructive dismissal claim.
Key Factors
- constructive dismissal
- workplace discrimination
- racism allegations
- reasonable notice
- employer's duty to maintain non-discriminatory workplace
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