A question that both employers and employees commonly have is
"what counts as constructive dismissal?" As detailed in
our previous blog post linked below, there are many types of
unilateral changes that can result in a constructive dismissal:
https://www.kswlawyers.ca/blog/constructive-dismissal-unexpected-consequences-of-changes-to-the-employment-relationship
One of the more common scenarios that we deal with however is
where an employee has been constructively dismissed as a result of
changes to their compensation. This is, of course,
more obvious when an employer has reduced the employee's salary
(unsurprisingly, this is usually constructive dismissal).
Where it gets murkier is in dealing with compensation structures
such as commissions, performance-based bonuses, or
similar arrangements where an employee's compensation can vary
from month to month.
