Does quitting a new position still amount to constructive dismissal?

|Canadian Employment Law Today

Ontario (Employment Standards Officer) v. Tenneco Canada Inc. (2002), 166 O.A.C. 116 (Ont. S.C.J.)

This was an application by an employment standards officer for judicial review of a decision setting aside an order that the company pay its former employee damages for its constructive dismissal of the employee. Jerry Schwartz had worked for Tenneco as a chemical lab technician for 16 years earning $20 per hour. Due to downsizing, his old job was no longer available and the company offered him a production job at $14 per hour.

The production job was a more physical position which required lifting, bending and heavy labour. In his former position, Schwartz was also able to earn an extra $310 every third week for being on call, something which was not available to him in the new job.