Employee goes too far with constructive dismissal threat

Employee didn’t like changes to job and threatened legal action; employer took it to mean she didn’t want to work there anymore
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 07/22/2015

A Nunavut employer did not constructively dismiss an employee when it made minor changes to her job duties and it was the employee’s threat of a constructive dismissal suit in response to those changes that ended the employment relationship, the Nunavut Court of Appeal has ruled.

Sarah Kucera was hired on July 1, 2009, as an executive assistant to the president of Qulliq Energy Corporation, a Crown corporation responsible for the delivery of electrical power in the territory of Nunavut. The president’s office was in Iqualuit and Kucera moved from Toronto to take the job.