[Indexed as: Wilkinson v. T. Eaton Company]
T. Eaton Company Limited v. Alice Wilkinson
Court of Appeal
Fraser C.J.A., Foisy and Major JJ.A.

Judgement - November 4, 1992.

Employment - Termination of employment - Wrongful dismissal - Constructive dismissal - Term permitting substantial changes in employment duties not being implied in employment contract



Partial Summary: The trail judge was correct in his findings. There was no implied term in the employment contract allowing the employer to substantially change the duties of the employee because of financial exigencies, nor was there evidence that the employer was in fact obliged to do so because of financial problems. The employee was not required, in mitigation, to do something the trial judge had determined she was incapable of doing.

Source: Alberta Law Reports 6 Alta. L.R. (3d) p. 12-13


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