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Making Veteran Teacher’s Employment Probationary Is Constructive Dismissal

After 18 years of faithful employment, a teacher was compelled to sign a new contract imposing a 3-month probationary period and giving the school the right to terminate her without cause and without notice. When she objected, the manager told her to “tell your lawyer to contact our lawyer.” The teacher claimed she was constructively dismissed and the Alberta court agreed. The fact that other teachers signed the deal wasn’t so much a defence as an indication of the “unequal bargaining power” the school exercised over its employees. The price tag: Nearly $30,000 in termination notice and aggravated damages [Koutsikaloudis v Maple Leaf Academy Ltd, 2021 ABPC 136 (CanLII), April 29, 2021].