Art gallery worker awarded 12-months notice after hours slashed

|Canadian Employment Law Today

Perrett v. Harrison Galleries, 2001 CarswellBC 3133 (B.C.S.C.)

Perrett had sold artistic works for Harrison Galleries for eight years when she was constructively dismissed at the age of 67. The B.C. Supreme Court reaffirmed that constructive dismissal of an employee occurs “where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment.”

On the facts of this case, the court held that the reduction of her hours of work from four days to two-and-one-half days per week constituted constructive dismissal. The court referred to the fact her pay was based on commission and, therefore, her income would be drastically affected.