‘Unilateral and dramatic’ change to duties and compensation found to be constructive dismissal

|Canadian Employment Law Today

Kolaczynski v. Benz Sewing Machines Ltd. [2002] O.J. No. 1117

In the late 1980s, Eugene Kolaczynski was hired as a controller by Benz. After only a few years, he was promoted to the position of vice-president and general manager. The new position had a significant increase in salary, including a commission structure.

In 1995 Kolaczynski was given additional responsibilities to make one of Benz’s fledgling subsidiaries profitable again.