Not all changes equal constructive dismissal

July 05, 2015 0 COMMENTS

by Mathias Link

Employers throughout Canada find it challenging to anticipate exactly when a particular unilateral change to the terms and conditions of employment will be a breach of the employment contract, and thus a constructive dismissal, or whether the change will be reasonable such that an employee is obligated to accept the change or changes. read more…

Employment contracts, termination clauses, and itchy trigger fingers

June 28, 2015 0 COMMENTS

by Bruce R. Grist

As there is no employment at will in Canada, most employment lawyers in Canada who act for employers recommend that employers use employment contracts to govern the employee’s relationship with the employer. If there is an employment contract and the employer wishes to terminate the employee’s employment or the employee wishes to resign, the parties’ obligations are clearly set out in the contract.

Properly drafted employment contracts prevent the uncertainty that arises with respect to termination of employment and “reasonable notice.” read more…

When is a suspension not a suspension? When it’s a constructive dismissal

April 05, 2015 0 COMMENTS

by David G. Wong

When is a suspension not a suspension? Sounds like the start of a bad joke. However, in a recent decision, the Supreme Court of Canada explained that in certain circumstances a suspension will be deemed to be a termination. read more…

A not-so-constructive constructive dismissal decision

July 06, 2014 0 COMMENTS

By Fréderic Parisien

A Canadian employee may claim that his or her employment is constructively dismissed when his or her employer makes a unilateral change to a fundamental term or condition of employment without appropriate notice. What about a change in the employer with no other change? Surely that can’t be a constructive dismissal. Apparently so, at least in Quebec. read more…

Clear offer of employment needed to argue mitigation

April 27, 2014 0 COMMENTS

By Katherine Pollock

Want to change a Canadian employee’s terms or conditions of employment? It’s not as easy as it once was.

Depending on the nature of the change, it may amount to constructive dismissal. If it does amount to constructive dismissal, simply providing notice of the change may not be sufficient—as the Court of Appeal taught us in Wronko v. Western Inventory Service Ltd. To make matters worse, contrary to what was once expected, an employee may not even need to quit to sue for constructive dismissal. read more…

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.

read more…

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.

read more…