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Constructively dismissed employee not required to accept an inferior position

November 06, 2013

Christine DaviesIn October 2010, Dunstan Morgan was constructively dismissed from his job as a dock supervisor at Vitran Express Canada, a position he held for 24 years.

Yesterday, Christine Davies got him 18 months’ pay in lieu of notice.

Christine successfully convinced a Superior Court judge to reject the employer’s claim that Morgan quit his job, as well as its claim that, even if Morgan was dismissed, he should not be awarded damages because the employer had offered him another position.

Read a summary of the case here.


Christine Davies

Practice Areas

Civil Litigation, Employment Law