Was injured worker constructively dismissed?

Read the facts of this case and decide for yourself
|Canadian Employment Law Today

Jeff Trevitt, 37, was involved in a car accident unrelated to his work on Aug. 1, 2004. At the time he was employed by Blanche Equipment Rental Ltd. in British Columbia as a heavy equipment mechanic and was also the foreman/service manager. He had been with the company since 1993. He suffered several injuries in the accident and, as a result, has been unable to work.

Just over a month after the accident, Blanche hired Tim Brown, initially as a temporary employee. The company hired Brown to fill in while Trevitt was gone because his absence had created a crisis. Two weeks after he was hired, Brown was made a permanent employee. He performed the same duties as Trevitt, and was called a foreman.

Trevitt claimed he was demoted at a meeting in mid-September 2004. Trevitt said he was told by management that if he came back to Blanche, he would have “a job” there. Trevitt noted that the company did not say “your” job.