In which scenario would constructive dismissal most likely occur?

Prepare for the Canadian Employment Law and Worker Protection Test. Access detailed questions, insightful hints, and comprehensive explanations. Enhance your understanding and perform at your best with our tailored resources.

Constructive dismissal occurs when an employee resigns because their employer has fundamentally altered the terms of their employment contract without their consent, effectively forcing the employee to leave the job. In this scenario, a significant change in job responsibilities is deemed a fundamental alteration.

If an employer unilaterally imposes a significant change in an employee's role—such as greatly reducing their responsibilities, changing the nature of their tasks, or assigning them a lower position without their agreement—this can be seen as a breach of the employment contract. The employee may feel that the new terms are unacceptable, justifying their resignation.

In contrast, a demotion without a pay cut may or may not be seen as constructive dismissal, depending on the specifics of the situation and whether the employee feels the demotion is reasonable. A temporary layoff often doesn't result in constructive dismissal since it's typically a recognized practice under Canadian employment standards, and documented performance issues usually indicate that the employee's job security is being protected rather than being fundamentally altered.

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