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| Name | Legal Test of Constructive Dismissal [employment law] |
| Video Uploader | Video From Neufeld Legal |
| Upload Date | This Video Uploaded At 27-07-2022 04:11:18 |
| Video Discription | We tackle a critical aspect one of the more significant aspects of employment law – the legal test of constructive dismissal. For purposes of understanding this important legal test, we will look at the constructive dismissal test established by the Supreme Court of Canada in Potter v. New Brunswick Legal Aid Commission. The test that Potter establishes for constructive dismissal consists of two branches. Satisfaction of either branch is sufficient for a finding of constructive dismissal. The first branch of the Potter test has two steps. First, the court must determine objectively whether a breach has occurred. To do so, the court must ascertain whether the employer has unilaterally changed the contract. If an express or an implied term gives the employer the authority to make the change or if the employee consents or acquiesces in it, the change is not a unilateral act and will not constitute a breach. To qualify as a breach, the change must also be detrimental to the employee. Second, once it has been objectively established that a breach occurred, the court must ask whether a reasonable person in the same situation as the employee would have felt that the essential terms of the employment contract were being substantially changed. The second branch of the Potter test necessarily requires a different approach. On this branch, constructive dismissal consists of conduct that, when viewed in light of all the circumstances, would lead a reasonable person to conclude that the employer no longer intended to be bound by the terms of the contract. #constructivedismissal #employmentlaw [HWD57LEjq8Q] |
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