Employee afraid of change not constructively dismissed: Arbitrator

Employee had other job offer and was looking to get something before leaving
|Canadian Employment Law Today|Last Updated: 01/04/2019

An Ontario employee was not constructively dismissed when she left for another job after her employer proposed a new assistant and future review of her employment terms, an arbitrator has ruled.

Crystal R. (C.R.), 35, was the manager of a Sirens clothing store in Kitchener, Ont., owned and operated by YM Incorporated. In 2011, she gave notice to the company that she had accepted an offer of employment with a competitor for a higher salary. Sirens responded by offering to match that salary if she stayed with Sirens. she accepted and stayed on to manage the store.

C.R. signed a new employment contract on July 5, 2011, that stipulated a salary of $35,800 plus monthly bonuses and a guarantee that her income would be “a minimum of $45,000 for each year provided you are still employed at YM Incorporated.” The monthly bonuses were payable if she was employed at the end of each month.