WRONGFUL DISMISSAL - Constructive dismissal - Change to job content or status

Law360 Canada ( July 5, 2018, 8:44 AM EDT) -- Appeal by the employer, Ocean Nutrition, from a wrongful dismissal judgment and award in favour of the employee, Matthews. Ocean Nutrition manufactured fish oil for commercial sale. Matthews, age 50, was a chemist with decades of experience in the omega-3 fish oil industry. He worked for Ocean Nutrition and its predecessors between 1997 and 2011, holding positions ranging from operations manager to vice president of new and emerging technologies. Matthews reported to Ocean Nutrition's chief operating officer, Emond, from 2007 onward. The relationship between the two men deteriorated to the point that Matthews resigned in 2011 and sued, alleging wrongful dismissal. Matthews alleged that Emond engaged in a campaign to push him out of operations and minimize his influence within the company. The trial judge found that Emond was a self-serving and deceitful witness. The trial judge concluded that Matthews was constructively dismissed and that the appropriate notice period was 15 months. Matthews was also awarded damages of $1.1 million, most of which related to a Long Term Incentive Plan provided to reward and retain executives. The trial judge found that Matthews would have received payments under the Plan had he remained employed throughout the notice period. Ocean Nutrition appealed....
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