The plaintiff, a Public Works Superintendent for the defendant municipality, resigned following a meeting with three municipal councilors regarding snow clearing operations.
He subsequently sued for constructive dismissal, alleging the councilors ambushed him, threatened his employment, and breached the open meeting rules under the Municipal Act, 2001.
The court dismissed the action, finding that the employer did not unilaterally change the employment contract and that a reasonable person would not have viewed the meeting as substantially changing essential terms of employment.
The court concluded the plaintiff freely resigned.
