The plaintiff, a 26-year employee, sued his former employer for constructive dismissal after he was removed from his long-standing position as a dock supervisor and offered a newly created, lesser role as a freight analyst.
The employer alleged performance issues, which the court found were unsubstantiated and part of a targeted effort to find fault.
The court held that the unilateral change in duties constituted a fundamental breach of the employment contract, amounting to constructive dismissal.
The court further found that the plaintiff was not required to mitigate his damages by accepting the demeaning new position in a toxic work environment.
The plaintiff was awarded 18 months' reasonable notice, but his claim for moral damages was dismissed.
