Category: Constructive Dismissal

Can I layoff an employee?

By , July 14, 2016 8:43 am

Ontario’s Employment Standards Act has a definition of a ‘temporary lay-off’ and provides when a “temporary lay-off” becomes a termination. Some of you may be surprised to learn that just because a layoff is defined as temporary by the Employment Standards Act, it can still amount to a constructive dismissal at law. One employer recently Continue Reading…

Constructive Dismissal: The Bane of An Employment Lawyer’s Existence

By , January 12, 2016 9:16 am

Constructive Dismissal: The Bane of An Employment Lawyer’s Existence Definition of Constructive Dismissal:  The Traditional Definition Until recently, a constructive dismissal was found to take place when an employer breaches an implicit or explicit term of contract and that breach “substantially alters an essential term of the contract.” The judge would apply an objective test; Continue Reading…

Top 10 Employment Law Stories of 2015

By , December 14, 2015 1:37 pm

Seasons change; employment laws change and the last four seasons saw many changes to Ontario’s employment law landscape. In fact, 2015 may later be known as the year the Kathleen Wynne government started implementing its rather ambitious employment law agenda…changes were made to a number of laws including the Accessibility for Ontarians with Disabilities Act, Continue Reading…

Supreme Court of Canada Update: Administrative Suspension = Constructive Dismissal

By , April 8, 2015 10:52 am

On March 6, 2015 the Supreme Court of Canada released its decision Potter v. New Brunswick Legal Aid Services Commission. The Facts David Potter signed a seven year contract to work as an Executive Director of a government agency. The relationship soured and the parties started negotiations to end the contract early.   Potter then Continue Reading…

Constructive Dismissal Update: Quitting Because of Intolerable Working Conditions

By , March 10, 2015 1:50 am

If an employer’s treatment of an employee is so bad that it makes continued employment intolerable, an employee has the right to quit and claim damages for constructive dismissal. Is there a clear dividing line between intolerable and tolerable behaviour? Between a poisoned work environment and a healthy one? The short answer: no. What is Continue Reading…

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