LOSS OF PRESTIGE AND AUTONOMY CONSTITUTED A CONSTRUCTIVE DISMISSAL

Release date: January 4, 2005

A trade analyst alleges that he was the object of a constructive dismissal, while the employer submits that he quit.

A trade analyst alleges that he was the object of a constructive dismissal, while the employer submits that he quit. The evidence showed that, with the arrival of a new assistant trade delegate, the work environment became intolerable for all the employees, with the delegate abusing his management position and constantly humiliating them. According to the court, the working conditions of the plaintiff were unilaterally and substantially changed: his working autonomy was affected, his functions were reduced, and he lost the services of his assistant. This demotion, even though there was no reduction in salary, involved diminished prestige and status amounting to a substantial change in his working conditions. Therefore, this was a constructive dismissal. Taking into account the plaintiff's 15 years of service, he was granted 15 months' notice plus moral damages of $12,000. O. and Italy (Government of the Republic of), DTE 2006T-513 (C.S.) Judge Claudine Roy

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