The appellant employer appealed a trial judgment finding it had constructively dismissed the respondent employee.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the employer unilaterally and fundamentally changed the terms of employment.
The Court also agreed it was objectively unreasonable to expect the employee to return to work for the same small employer after losing faith in them.
The damages awarded were upheld based on the Bardal factors, considering the employee's age, length of service, position, and difficulty finding other work.
