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Category: Constructive Dismissal

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…

What is a Constructive Dismissal?

By , March 16, 2017 9:16 am

The traditional type of constructive dismissal occurs when an employer makes a unilateral and fundamental change to a term or condition of your employment contract without providing you with reasonable notice of that change. In 2015, the Supreme Court of Canada recognized a second kind of constructive dismissal which occurs when you can show your employer no Continue Reading…

What is a Layoff?

By , March 28, 2016 10:00 am

What is a layoff?  This question may seem simple to many, but it is not.  Employees and employers often misuse the term layoff and the effects can be significant. A True Layoff A true lay off involves a situation where the employee knew in advance that her employment would end at a certain point.  At Continue Reading…

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