Supervisor announces director’s acceptance of job — but employee had refused change in position
An email at the Alberta government ending up in a constructive dismissal case – with the employer recently being found in the wrong.
In early 2021, following a spate of departures, long-time employee Derrick Gugulyn was told by his supervisor he would be transferred to become Director of Compliance, a role he said required education and experience he did not have. He refused.
Gugulyn had worked for the Alberta government for more than 23 years, most recently as Director of Financial Planning.
On March 2, 2021, the supervisor emailed department employees announcing that Gugulyn had accepted the new position. He had not, and he said so again.
He then retained legal counsel, who notified the Alberta government on March 16, 2021 that its conduct constituted constructive dismissal and that Gugulyn did not intend to continue his employment.
The government asked him to reconsider. On March 24, 2021, it made a formal offer of the Director of Compliance position. Again, Gugulyn did not accept it and did not return to work.
At trial, Justice D.J. Kiss found Gugulyn was entitled to 23 months' notice and the corresponding salary and benefits. The government argued at appeal that Gugulyn had completely failed to mitigate his loss by rejecting the March 24 re-employment offer.
The trial judge found that returning would have been "intolerable," based on three...
exporters knowingly avoided U. S. duties on Asian and European flat-rolled steel products, agreeing to pay $19 million to resolve the dispute, according to a press release issued Wednesday by the U...