The application of this principle will vary depending on the conduct of the employer in question. Although the employer in such circumstances may not have made any change to a specific term of the employment contract, nevertheless, its actions may cumulatively demonstrate that it no longer intends to be bound by the existing contract. For example, in a Manitoba Court of Appeal decision, Whiting v. Winnipeg River Brokenhead Community Futures Development Corp., the employer had unjustifiably criticized an employee, leveled vague and unfounded accusations against her, and created a hostile and embarrassing work environment. This conclusion was upheld by the Manitoba Court of Appeal. The employer in the Whiting case had by its conduct demonstrated an intention no longer to be bound by the contract.
Constructive dismissal is a difficult and confusing area of the law.
One of the most paradoxical aspects of the employment relationship is that change is a constant. Organizations are constantly evolving and, as a natural result, individuals are faced with all kinds of change in their jobs. The prudent employee will not, however, in the face of such change or questionable conduct on the part of the employer, necessarily leap to the conclusion that he or she has been constructively dismissed. The onus of proving a constructive dismissal lies with the employee alleging the dismissal and, accordingly, the risks are high. Employees contemplating how change in the work environment or inappropriate employer conduct affects them, are well advised to seek careful and experienced legal advice.