The defendant employer brought a motion for summary judgment to dismiss the plaintiff employee's action for constructive dismissal.
The plaintiff alleged she was constructively dismissed due to a unilateral change in her employment contract, improper deductions of vacation pay, and a poisoned work environment involving sexual harassment.
The court found that the new employment contract was valid as it was supported by consideration and reasonable working notice.
While the employer improperly deducted $3,763 in vacation pay, this minor breach did not amount to constructive dismissal.
The court also dismissed the allegations of sexual harassment and a poisoned work environment, finding the plaintiff voluntarily resigned.
Summary judgment was granted in favour of the defendant, save for an order that the defendant repay the improperly deducted vacation pay.
