Skip to Content

Constructive dismissal not found where employee waited 2 years to accept employer's repudiation of the contract

Jurisdiction: - British Columbia
Sector: - Forestry

In ruling that the 59 year-old management employee in Robertson v. West Fraser Timber Co. Ltd., 2009 BCSC 602, was not constructivley dismissed the BC Supreme Court made the following findings:

  1. the terms of his employment contract permitted the employer unilaterally to assign, within reason, different or new duties to the employee, without any corresponding increase in salary or position level, and also permitted his employer to remove responsibilities, including supervisory responsibilities, as the employer saw fit. 
  2. it was not a term of the employee's contract that he would receive a certain level or dollar amount by way of bonus each year, nor was it a term that he was guaranteed a bonus each year. Payment of bonuses was within the discretion of the employer.  
  3. the employer did not breach any essential term of the employee's employment contract. 
  4. even if some conduct about which the employee complained may have amounted to a repudiation, the employee failed to communicate within a reasonable time that he accepted his employer's repudiation.