The Canadian Broadcasting Corporation has been making headlines recently – and not in the way journalists intend.
Karl Johnston, a former senior specialist in talent acquisition at CBC North in Yellowknife, has filed a lawsuit against the broadcaster in the Supreme Court of the Northwest Territories.
Johnston alleges he was “subjected to a toxic work environment,” resulting in his constructive dismissal in November 2023.
Johnston claims CBC North engaged in discriminatory hiring practices, like keeping a secret “do not hire” list for marginalized, disabled and Indigenous candidates. He also claims there was an unofficial “crying room” where colleagues went to deal with the stress of the job.
The claims have not yet been proven in court, however, the case is a cautionary tale for employers and offers important lessons about constructive dismissal and workplace culture.
The Supreme Court of Canada determined that a constructive dismissal happens when an employer’s conduct demonstrates an intention to no longer be bound by the employment agreement. This can happen in two main ways.
Firstly, constructive dismissal can happen through a unilateral change to an essential term of the employment agreement. This includes, but is not limited to, the employer making changes to an employee’s compensation, core duties or agreed-upon hours of work without mutual agreement.
Secondly, and perhaps more subtly, it can arise from a series of actions that collectively demonstrate the employer...
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