Layoff as constructive dismissal: a cautionary tale for employers

December 09, 2012 0 COMMENTS

By Ralph N. Nero and Keri L. Bennett

When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive dismissal–meaning the employee can sue for pay in lieu of reasonable notice.

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No Sugar in Constructive Dismissal Lawsuits

April 04, 2011 0 COMMENTS

By Alix Herber and Jessica Schnurr

Think an employee in Canada has to quit before suing the employer for constructive dismissal?  Think again, says the Ontario Superior Court.

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