Constructive Dismissal

Restructuring the Workplace

The British Columbia Court of Appeal noted in its 2021 decision that the employer should be given a reasonable time to manage the transition of the business in the case of a restructure. In the immediate case, the employer has sold its commercial diving operations and was in the process of restructuring its business. The employer was to be “allowed a reasonable time to manage this transition. 1 The court agreed that the employer was still obliged to provide employment consistent with her background and abilities.

The same conclusion was reached in a 2014 B.C.S.C decision. The trial judge found that the plaintiff had acted prematurely and ought to have waited to see how the restructure had developed. This was particularly so, given that the employer had explained to her that there would be no change to her duties. 2 This same conclusion was made in the same context in an earlier decision. 3