Appeal dismissed; no constructive dismissal found where employer adjusted hours and rectified benefits delay.
The appellant appealed a trial decision dismissing his claim for constructive dismissal.
He argued that his employer's requirement that he work closing hours without additional pay, and the delayed payment of his disability benefits, constituted a fundamental breach of his employment contract.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the appellant's working hours were to be adjusted and compensated, and that the delay in benefits payment was an administrative error that was ultimately rectified.
Cataldo Vanelli v. Sobeys Capital Inc., 2005 ONCA 4091
