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Lack of Work Assignments ≠ Constructive Dismissal

An Alberta oilfield supervisor claimed the company stopped assigning him to jobs in retaliation for bringing ESA stat holiday pay claims. The court said hogwash and tossed out his constructive dismissal lawsuit. There was no evidence that the supervisor’s lack of work was retaliatory. On the contrary, falloffs in assignments were typical for the industry and something the supervisor and his co-workers had experienced many times before. And there was nothing in his employment contract guaranteeing him minimum amounts of work [Bonsma v. Tesco Corp., [2012] A.J. No. 668, June 25, 2012].

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