Employee of more than 20 years resigns six days after receiving new terms
The Court of King’s Bench of Alberta has ruled that an Alberta employer constructively dismissed an employee of more than 20 years over a never-implemented contract — awarding nearly $150,000 in damages.
Dwayne Yakubow was hired by Edmonton Granite Memorials in 2002 and promoted to sales manager in 2015. He worked for the company for more than 20 years without a written employment contract. On Jan. 20, 2023, company owner Paul Crosty presented a new written agreement that substantially altered at least five terms of the existing arrangement.
The court found each of these affected essential terms of the unwritten employment contract.
The changes included:
The employer argued the contract was merely a draft, open for negotiation, and never imposed. The court rejected that defence, holding that constructive dismissal may arise from an anticipatory breach "where an employer clearly communicates an intention not to be bound by essential future obligations."
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