Additional duties lead to constructive dismissal

Employer increased employee’s workload; employee fired after refusing to continue with increased role

When we think about a situation that leads to a finding of constructive dismissal, it is usually a situation where something has been taken away from an employee, such as key responsibilities, job title, or a reduction in earnings. However, in Damaso v. PSI Peripheral Solutions Inc., the Ontario Superior Court of Justice determined that an employer who added duties to an employee breached the terms of the employment agreement, resulting in the constructive dismissal of the employee and an award of 12 months notice.

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