The Alberta Court of Appeal confirmed the test for constructive
dismissal and reaffirmed that the onus is on the employee to decide
whether they accept the new terms of employment within a reasonable
timeframe - in this case, ten business days.
The Facts
Kosteckyj had been employed with Paramount Resources Ltd. as a
senior integrity engineer since 2017 and with a predecessor company
acquired by Paramount since 2013. At the end of March 2020,
Paramount announced that it would implement a cost savings program
effective April 1, 2020, that included reductions to salaries and
benefits. For Kosteckyj, this resulted in her annual salary being
decreased by ten percent, the suspension of employer RRSP
contributions of six percent of her salary, a delay to or
cancellation of her bonus, and no further access to seminars or
training.
