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Constructive Dismissal

19th Dec 2018

An employer may offer short-term disability coverage, in which case an employee’s earnings will be more secure in the event they are unable to work for a short-term period. Generally, an employee should expect to … Read More

15th Aug 2018

When an employee is dismissed for just cause, this means that the dismissal is justified due to misconduct. In such instances, an employee would not be entitled to notice pay, which is the amount that … Read More

6th Jun 2018

Under the Canada Labour Code (CLC), federally regulated employers cannot terminate an employee with 12 months or more of continuous service without just cause resulting from misconduct unless termination is due to a work slowdown … Read More

22nd May 2018

Under common law, an employee can seek damages for constructive dismissal if an essential term of his/her employment is unilaterally changed by the employer. This may include key responsibilities, status, and/or compensation. There is, however, … Read More

9th May 2018

In addition to the Fair Workplaces Better Jobs Act, the Ontario government has just announced its plans to implement further changes. The government is seeking to improve pay transparency, most notably in attempts to close … Read More

18th Oct 2017

Question:  I have been employed by the same company for 22yrs and am 63 yrs old. Health care benefits are provided by the company and reduced benefits were available if you are over 60 when … Read More

11th Sep 2017

After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly fired, Canadian employers are asking, “Can attending a white supremacist rally be grounds for dismissal?” … Read More

25th Jul 2017

It is standard to receive a notice when an employer wishes to end an employment relation. This notice must grant a reasonable amount of time for the employee to find a comparable job. Alternatively, the … Read More

6th Jul 2017

When an employer unilaterally changes a fundamental term of an employee’s job, then an employee may quit and claim ‘constructive dismissal’. Essentially, what this means is that the changes to the employment relation would have … Read More

19th Jun 2017

Constructive dismissal is a legal term that means the employer imposed changes upon the working relationship that caused the employee to quit. This, in turn, is viewed the same as an unlawful dismissal and entitles … Read More