Full bibliography

An attempt is made to analyze 110 recent Canadian common law wrongful dismissal cases to identify principles pertaining to compensation management policies and practices. Each case involved "constructive dismissal," in which the employee sued the employer for altering a fundamental condition of employment. The case law is divided into pay level issues, pay form issues, pay structure issues, and pay communication issues. The courts typically will decide that constructive dismissal has occurred when the employer reduces, withdraws, or withholds an aspect of the compensation package. An attempt to clarify an ambiguous remuneration package also may constitute a breach of employment contract. In addition, courts have been sympathetic to employees whose opportunity to receive future income has been limited by an employer's actions. Employers are obliged to fulfill remuneration promises when there is evidence that those promises existed. Changing the form of remuneration can result in constructive dismissal, depending on the circumstances and the test used by the court.