Employee's Subjective Perception Of Harassment Not Sufficient To Establish Constructive Dismissal

In the context of workplace harassment, constructive dismissal may be found where an employer fails to provide a work environment that is civil, respectful and harassment-free. The offending conduct must be of the kind that would lead a reasonable person to conclude that the employer no longer intended to be bound by the terms of the employment agreement. The Alberta Court of King's Bench recently confirmed that allegations of constructive dismissal on the basis of a hostile work environment must be supported objectively and an employee's subjective perceptions are not enough.

Employee resigned over a "clash of personalities"

In Fakhri v Canadian Natural Resources Limited, 2023 ABKB 483, an employee began experiencing problems after being assigned a new supervisor. He resigned shortly afterwards and brought a claim alleging constructive dismissal on the basis of a hostile work environment. The employee alleged that his new supervisor would slap his hand on the