The appellant appealed a trial judgment dismissing his claim for constructive dismissal.
The Court of Appeal allowed the appeal, finding the trial judge erred by not applying an objective test.
An objective review of the facts, including a substantial reduction in managerial responsibility and removal from his office, established constructive dismissal.
The Court also held the appellant had no duty to remain at the workplace while seeking other employment.
Damages were awarded in the amount of $171,269.25.
