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ARTICLE · 03 OCTOBER 2012

Are There New Evidenciary Rules In Quebec For Proving Constructive Dismissal?

Robinson Sheppard Shapiro
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Farber vs. Compagnie Royal Trust, [1997] 1 S.C.R. 846, requires that for a change in working conditions be considered constructive dismissal, the element changed must be "substantive".

CanadaEmployment and HR
Théodore Goloff
Théodore Goloff

Introduction

Farber vs. Compagnie Royal Trust, [1997] 1 S.C.R. 846, requires that for a change in working conditions be considered constructive dismissal, the element changed must be "substantive". Clearly, substantiveness must have an objective dimension. An ex-employee Plaintiff seeking to characterise an ostensible resignation as the result of a constructive dismissal must convince the Court that the condition of employment allegedly unilaterally and illegally changed by the employer was substantive enough to warrant a conclusion of almost frustration of contract. In St-Hilaire vs. Nexxlink, 2012 QCCA 1513, Quebec's highest court seems to have suggested new evidentiary considerations to be taken account of.

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