In 1995, the employee has agreed to leave his job as a consultant to join the employer's business. He claims to have been constructively dismissed after the employer's decision to demote him to a function with a decrease of its responsibilities and a less attractive compensation plan. At the time of termination d. employment, he had 11 years of service and served as chief director. In the fall of 2006 he was diagnosed with cancer and had to leave on several occasions to receive treatment. The plaintiff claims damages for reasonable notice of termination (24 months) and payment of benefits under his contract.

The Superior Court concluded that the testimony of the employee regarding the sequence of events that led to his termination. His story is documented and uncontroversial. That the employer has many contradictions and unproven allegations. In the circumstances, it is clear that his resignation is tantamount to constructive dismissal. Based on the criteria established by case law, the employee is entitled to notice of termination of 24 months. He was fired in a humiliating, degrading and offensive. Given the ability to pay the employer a sum of $ 300 000 is given to exemplary damages.

J.E. 2011-1984