Pascal was hired by KB Ltd. as a Marketing Manager. He supervised and coordinated the marketing department and reported to a Vice President. Two years after being hired, personality conflicts developed between Pascal and his new supervisor who eventually demoted Pascal to Junior Marketing Supervisor. Pascal was very unhappy but since there were few other jobs in his field, he accepted the new position for a few months. He has now left his employment with the company and wishes to claim damages for constructive dismissal. Which of the following statements best describes his legal position?
A) Because of his acceptance of the new position, Pascal cannot recover damages for wrongful dismissal.
B) Pascal cannot recover any damages as he voluntarily left his employment.
C) The employer's actions did not constitute wrongful dismissal as an employer is always free to reorganize its staff as it sees fit.
D) Pascal's demotion was an act of constructive dismissal for which he can recover damages. H) Pascal would be entitled to a minimum of 2 years wages for wrongful dismissal
Correct Answer:
Verified
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