Kimberly DeBon, a teacher, sued Hillfield Strathallan College (HSC) for constructive dismissal, alleging a poisoned work environment due to marking disputes, lack of accommodation, and property tampering.
HSC moved for summary judgment to dismiss the action.
The court applied the two-part test for constructive dismissal from Potter v. New Brunswick Legal Aid Services and the objective test for a poisoned workplace from Shah v. Xerox Canada Ltd. The court found no evidence that HSC's conduct amounted to a substantial breach of the employment contract or created a poisoned work environment.
The individual grounds for constructive dismissal were not established, nor was a causal link between earlier events and the resignation.
The motion for summary judgment was granted, and the action was dismissed.
