No fundamental change

A share purchase and an amalgamation of an employer does not constitute constructive dismissal
|Canadian Employment Law Today

For a number of years Hugh Pattillo had been employed as chief geophysicist at Beau Canada Exploration Ltd. In the fall of 2000 Murphy Acquisition Company Ltd., a subsidiary of Murphy Oil Company Ltd., purchased all of the shares of Beau Canada Exploration. They had 97 per cent of the shares by Nov. 3, 2000, and the remaining shares by Nov. 10, 2000. Also on Nov. 10 Murphy Acquisition amalgamated with Beau Canada Exploration and became Exploration.

On Nov. 6, 2000, Mr. Pattillo received a letter from Murphy Oil informing him of its intention to continue his employment as a staff geophysicist and that his employment would be transferred to Murphy Oil as of Jan. 1, 2001. He was not happy with the proposed new role and benefit package.

After extensive discussions with company executives he received a letter from Murphy Oil stating that Murphy Oil accepted what it considered to be his voluntary termination of employment. His last day of work at Exploration was Nov. 30, 2000. By Dec. 18, 2000, Mr. Pattillo found alternate employment as a chief geophysicist.