The appellant employee took a stress leave from her position as a service advisor at an automobile dealership.
Upon her return, the employer failed to place her in her former position or pay her the agreed-upon rate, instead assigning her menial tasks.
The trial judge found the employee did not wish to return to work and dismissed the action.
The Court of Appeal reversed, finding the employer unilaterally changed the fundamental terms of employment, constituting constructive dismissal.
The Court awarded 10 months' salary in lieu of notice, but declined to award Wallace damages as there was no bad faith.
