Milder discipline option not in employment contract acceptable

The B.C. Court of Appeal has overturned a lower court’s ruling in a constructive dismissal case where a salesperson was disciplined in a manner not specified in her employment contract
|Canadian Employment Law Today

Sinclaire v. Intrawest Resort Ownership Corp., 2005 CarswellBC 14, 2005 BCCA 10, 37 C.C.E.L. (3d) 226 (B.C. C.A.)

The British Columbia Court of Appeal has overturned a lower court’s ruling in a constructive dismissal case where a salesperson was disciplined in a manner not specified in her employment contract. The lower court ruled it was constructive dismissal, but the Court of Appeal ruled the discipline did not meet the criteria for constructive dismissal.

Laara Sinclaire was a salesperson for Intrawest Resort Ownership Corp. She was required to sell a timeshare to at least 11 per cent of the customers brought in by the company. In April 2000 her performance fell to 8.3 per cent. She received some assistance from her supervisor but in July and August her sales figures were 10.3 and 8.1 per cent respectively.