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Category: Constructive Dismissal

All We Do Is Work

By , October 31, 2017 9:23 am

This blog introduces you to all members of the firm and describes the kinds of cases we handle.     OUR PEOPLE Nicole Simes has been working with me for more than four years. She represents and advises employers and employees. She spends a lot of her time in court and at administrative tribunals: she Continue Reading…

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…

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