Delayed Promotion Not Constructive Dismissal

In the recent case of Penteliuk v CIBC World Markets Inc, the Ontario Superior Court held that an employee whose promised promotion was taking longer than expected was not constructively dismissed.

The Plaintiff was employed as a Managing Director at a large financial institution. In February of 2004, the Plaintiff turned down a lucrative employment offer from a competing employer on the basis that he would be promoted. In December of 2004, the Plaintiff left his position with the Defendant and accepted a position with a competing employer. The Plaintiff alleged that the Defendant unreasonably delayed in promoting him and that the compensation paid to him was less than the agreed upon compensation. The Defendant did not dispute that it agreed to promote the Plaintiff. Instead, the Defendant disputed that it had agreed upon a fixed date for the Plaintiff's promotion.