Long-term worker wins constructive dismissal (Legal View)

Employer decided employee wasn’t qualified for supervisory job he held for 24 years, bumped him to lesser position with same salary – and was ordered to pay 18 months’ notice
By Jeffrey R. Smith
|Canadian HR Reporter|Last Updated: 01/13/2014

An Ontario employer has been ordered to pay 18 months’ notice to an employee after deciding he wasn’t suitable for a job he had performed for more than 20 years.

Dunstan Morgan, 56, was a dock supervisor at Vitran Express Canada, a freight transportation company based in Concord, Ont. He joined Vitran’s predecessor in 1984 and was promoted two years later to dock supervisor.

He remained in that the position when his employer merged with Vitran.