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Category: Constructive Dismissal

Was your Suspension a Constructive Dismissal?

By , October 26, 2018 3:05 pm

Was your Suspension a Constructive Dismissal? Employees today spend as much time at work as they do at home. So, the workplace should be an environment where you feel secure, trusted and safe. Unexpected changes in your job, such as a suspension, can leave you feeling confused, frustrated and unsure of where you stand. Your Continue Reading…

Secret Recordings at the Workplace (Part 2)

By , August 21, 2018 9:24 pm

Last week, I posted a blog about the advisability of recording conversations at the workplace. However, that’s not the only consideration to keep in mind given the advent of technology. I often receive calls from clients who suspect they are being monitored by their employers. One thing that is important to know is that secret Continue Reading…

When Being Suspended Without Pay is Constructive Dismissal

By , July 25, 2018 12:24 pm

Sometimes your employer is allowed to suspend you without pay. Other times, this is a breach of your employment contract and can amount to a constructive dismissal. How can an employee know when a suspension without pay is justified? The Ontario Court of Appeal looked at the appropriateness of an employer suspending an employee without Continue Reading…

Fired? What to Know Before You Sign

By , July 20, 2018 11:55 am

At face value, anything under official letterhead seems legal and final.  However, the conditions of your termination may well be negotiable. So, while being fired can be a confusing and stressful time, it is absolutely crucial that you read and consider the information contained in the severance package that was presented to you by your Continue Reading…

The Duty to Mitigate: What Happens to Earnings from a Lower Paying Job?

By , July 20, 2018 10:41 am

Losing your job is one of life’s awfully stressful events. Yet, Canadian courts have long recognized the duty of a dismissed employee to seek new employment to mitigate their losses. The duty to mitigate requires wrongfully dismissed employees to take reasonable steps to minimize the losses they have suffered. Although not usually a burdensome standard Continue Reading…

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