June 15, 2016
Constructive Dismissal
Since the employee has not been formally dismissed, the employer’s act is referred to as “constructive dismissal”. The word “constructive” indicates that the dismissal is a legal construct: the employer’s act is treated as a dismissal because of the way it is characterized by the law.
(MacGregor v. Lethbridge College (2016), 2016 ABPC 72, 2016 CarswellAlta 563 (Alta. Prov. Ct.) at para. 47 Pharo Prov. J.)© Copyright Westlaw Canada, Thomson Reuters Canada Limited. All rights reserved.