The applicant, an Employment Standards Officer, sought judicial review of an Ontario Labour Relations Board decision setting aside an order that the employer pay an employee for constructive dismissal.
The employee, after 16 years, was moved to a lower-paying, more physically demanding job due to downsizing.
After six days, he quit due to back problems caused by the new work.
The OLRB found he quit and was therefore not constructively dismissed.
The Divisional Court held this decision was unreasonable, as the employee was clearly constructively dismissed and did not waive his rights by attempting the new job for six days.
The OLRB decision was set aside.
