Employer's actions constituted constructive dismissal, says BC Supreme Court
The Supreme Court of British Columbia recently addressed a case where a worker claimed constructive dismissal after returning from medical leave to find significant changes to her role, workspace, and reporting structure. The worker alleged these changes constituted a fundamental breach of her employment contract.
The employer, an Osoyoos Indian Band (OIB), denied these claims, maintaining that no constructive dismissal had occurred and that the worker had simply quit her position voluntarily.
The case required the court to determine whether the employer's actions during and after the worker's medical leave met the legal threshold for constructive dismissal.
The worker began her employment with the OIB in April 1999 as a receptionist. By 2004, she had advanced to an executive assistant role serving the band administrator, Chief, and Chief Financial Officer.
After completing a four-year program on First Nations property taxation at Thompson Rivers University, she became certified as one of the First Nations tax administrators in Canada and officially became the OIB's first tax administrator in 2009, a position formalised by Band Council Resolution in 2011.
The worker's responsibilities grew substantially as the number of properties subject to taxation on OIB lands increased over the years. In 2015, she requested additional help during the busy tax season...
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