Walker And Sons & Company Ltd. v. Gurusinghe – sllr 2008 volume 1 page 037

In the case between Walker and Sons & Company Ltd. and Gurusinghe, the court addressed whether an employee’s tender of resignation, submitted under circumstances involving the imposition of additional duties and altered working conditions, precludes a claim of constructive termination. It was held that such resignation does not bar the claim if the employer’s conduct—including demotion and requiring explanations for absence at meetings—amounts to a fundamental breach of employment obligations, thereby constituting constructive termination. The principle that an employer’s substantial breach of contract allows the employee to construe the relationship as terminated was reaffirmed. The decision relied on established doctrines of constructive termination and relevant legal literature, emphasi