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.

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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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