By Howard Levitt
One of the big risks for employees in constructive dismissal cases is waiting too long
One of the big risks for employees in constructive dismissal cases is waiting too long rather than quickly protesting, at the very least, and often, resigning and suing. The reason is that, if an employee does not protest and take action reasonably quickly, they will have acquiesced to the change in working conditions or, as it is called in constructive dismissal law, condoned the change.
But the question always is: How long can an employee wait before they will have condoned the change and be unable to take legal action? There have been very few cases on point but a recent case of the Alberta Court of Appeal determined it to be a very short period of time.