For the purpose of a wrongful dismissal action, the manner of dismissal may be express or constructive. The concept of constructive dismissal is founded in the principle that a party to a contract commits a fundamental breach when it demonstrates that it no longer intends to be bound by the contract’s terms. As a result, in circumstances in which an employer unilaterally makes a fundamental or substantial change to the terms of an employee’s contract of employment that otherwise violates the contract’s terms, the employer commits a fundamental breach, and the employee is entitled to consider himself or herself constructively dismissed. The employee may then assert a claim for damages against the employer, for failure to provide reasonable notice of termination: see Farber v. Royal Trust Co. (1996), 1997 CanLII 387 (SCC),  1 S.C.R. 846, at para. 33.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.