If an employer in Canada unilaterally makes substantial changes to an employee's employment contract - thereby fundamentally altering the terms and conditions of employment - and the employee does not consent to the changes and decides to quit, the employee may take the position that a constructive dismissal ocurred and the employee did not resign.
A company's high-level business decisions can have repercussions throughout the entire organization, and unfortunately sometimes the decision to restructure a struggling business results in dismissal of employees. However, in some cases, the manner and timing of dismissal may give employees grounds for a collective wrongful dismissal lawsuit.
The BC Employment Standards Act provides basic protections for employees who lose their jobs, regardless of whether an employee quits or is fired or laid off. However, individual employment contracts may offer protections greater than those provided under the Act. For example, your employment contract may require a notice of dismissal and severance pay in the event that your employment is terminated, but those things are not necessarily required under the Act.