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Category: Constructive Dismissal

Have you Been Terminated Due to Poor Performance Under a Performance Improvement Plan (PIP)?

By , August 11, 2017 2:07 pm

The objective of a Performance Improvement Plan (PIP) is to help an employee identify and correct weaknesses in their performance. Nevertheless, employers are not always motivated by sincere intentions when implementing PIPs. Employers frequently use PIPs as a tool to protect themselves against wrongful dismissal claims by creating a paper trail that appears to justify termination. Continue Reading…

I Quit, Can I Sue My Employer for Constructive Dismissal?

By , June 19, 2017 11:49 am

We are often asked the question: “can I sue my former employer for constructive dismissal?”  The answer is maybe. A new Court of Appeal decision confirms that whatever change in working conditions that occurred, it must be the reason you quit.  Otherwise, you are out of luck. What is Constructive Dismissal? Generally, constructive dismissal is Continue Reading…

Do I Have to Accept a Demotion if My Job is Eliminated?

By , April 28, 2017 8:59 am

When an employee is terminated, the employee is required to minimize lost income by seeking alternative employment. What happens if your former employer offers to give you another job but at a reduced salary? Are you required to accept this demotion? This situation was recently considered by the Ontario Court of Appeal The Case: Fillmore Continue Reading…

Is Failing to Pay a $329K bonus Constructive Dismissal?

By , March 24, 2017 9:09 am

In a recent decision, Chapman v. GPM Investment Management, the Court of Appeal for Ontario (ONCA) said no. Facts In this case, the employee’s contract provided for a bonus to be calculated on the company’s pre-tax income. Prior to the employee starting his position, the employer, GPM, purchased some land as an investment.  GPM made Continue Reading…

Are You Entitled to Damages if You are Harassed at Work?

By , March 17, 2017 10:22 am

The short answer is in some cases yes. Damages under the Ontario Human Rights Code You can obtain damages if you have been harassed because of your race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability, or because Continue Reading…

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