Sanderson v. Muskeg Lake Cree Nation, [2013] C.L.A.D. No. 202 (August 5, 2013)
Upon facing a 1.6 million dollar deficit, the Respondent performed a staffing review and decided to delete the complainant’s position in human resources. The Complainant had a degree in social work and a social worker position was available with an intended future HR component, so the position was offered to the complainant with no change in pay.
When told of the change of position, the Complainant commenced looking for alternate employment immediately. She stated that she was scared to work at her new position because she “knew what the Director was like” in the Health and Social Department. She started at her position, but resigned after two weeks claiming that she was subjected to a duty and status change and felt unwanted and uncomfortable. At hearing, the Complainant admitted that she did not give the position “any time” to evaluate and experience not only the duties, but the environment for performance of same. She started alternate employment three days after her resignation.
The test for constructive dismissal is an objective one: whether the terms and conditions of work changed so fundamentally as to repudiate the employment contract. The complainant has the burden of proof in such cases and the Canada Labour Arbitration panel found that the complainant did not meet the burden in this case. On the totality of the evidence, including that the Complainant accepted the position and that it was necessary for the Respondent to restructure its employment positions, the panel found that the essential terms of the Complainant’s employment contract were not substantially altered.
Background Bill C-69 was passed by the Parliament of Canada in June 2019.[1] It was omnibus legislation, a package of both new legislation and amendments to existing legislation. One of the objectives of Bill C-69 was a complete overhaul of the environmental assessment of large resource projects in Canada. It was, and continues to be, a […]
read moreOn September 10, 2019, the federal government announced the appointment of the first ever federal Pay Equity Commissioner. The Pay Equity Commissioner’s role is to provide leadership and direction for the administration and enforcement of the new federal Pay Equity Act (the “Act”). The Act establishes a new pay equity regime which is aimed at reducing gender based pay discrimination by ensuring all federally regulated employers take proactive steps to ensure they are providing equal pay for equal value.
read moreThe Atlantic Immigration Pilot Program (AIPP) offers a fast route for employers wishing to hire immigrants and for people wishing to immigrate to Atlantic Canada. The AIPP has recently been extended until December 2021. The AIPP is an employer-driven program that allows Atlantic Canadian employers looking to fill labour gaps with applicants who meet their […]
read more
