My employer cut my salary in half is that constructive dismissal?

In detail

The courts generally look at two elements: first, a change imposed unilaterally by the employer, in breach of the contract; second, the substantial character of that change, bearing on an essential condition. The test applied is that of a reasonable person placed in the same circumstances.

A third element often comes up: the employee's reaction. Continuing to work for a long time under the new conditions without expressing disagreement can be read as acceptance. Making your refusal known, in writing and quickly, is what distinguishes a challenge from tacit acceptance.

Constructive dismissal is not a remedy in itself: it is a legal characterization. Depending on the situation, it may open the door to a complaint under section 124 (with 2 years of uninterrupted service, within 45 days), a complaint for a prohibited practice, or a civil action based on notice of termination. Because the outcome depends entirely on the facts, no one can predict it in advance.

What to document

The employment contract or the original offer of employment, your conditions before the change — wage, title, schedule, responsibilities, location — the announcement of the change and its date, your written reply expressing your disagreement, and the pay stubs from before and after. A before/after comparison with figures is the most telling document.

Official sources

• Civil Code of Québec (CQLR, c. CCQ-1991) — Légis Québec
• Tribunal administratif du travail — Dismissal without good and sufficient cause
• CNESST — Termination of employment

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