The Ontario Superior Court has ruled that an employee who continued to work for 15 months following a change in his terms and conditions of employment had not condoned the change and could claim damages for constructive dismissal. Read more about this surprising decision and key lessons for employers to learn in our Latest Update.
Jeremy D. Schwartz / About Author
Related Posts
Constructively Dismissed Employee Entitled to Bonus Despite Plan Language?
By: Landon Young There have been a number of cases in recent years considering whether dismissed employees are entitled to awards…
03 Nov 2020
2016 Q2 HR-Law Webinar Part 5: ONCA on General Damages
Frank Portman discusses a recent Ontario Court of Appeal decision which greatly increased the scope of general and other damages…
19 Jul 2016
2016 Q2 HR-Law Webinar Part 1: Fixed Term Trap (Demo)
Landon Young discusses how to avoid the fixed term contract trap.
Are Your Employment Contracts Enforceable? (Demo)
Many employers prepare written employment agreements that limit employee entitlements on termination of employment. In the absence of an enforceable…
26 May 2014
No evidence? No aggravated damages – Employees must prove basis for damages based on manner of dismissal
The Ontario Superior Court recently confirmed that for a court to award damages based on the manner in which an…
08 Feb 2017
The Supreme Court to Lay Down the Law on Random Alcohol Testing
The law in Canada regarding random drug and alcohol testing has been inconsistent for some time, with the Alberta and…
03 Apr 2012
2014 Q4 StringerLLP HR Law Webinar, Segment 2: Bill 18 (Demo)
Ryan Conlin summarizes and comments upon the significant amendments Bill 18 has effected to Ontario’s Employment Standards Act, Workplace Safety…
21 Jan 2015
Federally Regulated Employees do not have Just Cause Protection (Demo)
A recent decision of Canada’s Federal Court of Appeal has provided clarity to a decades-long debate as to whether non-unionized, federally regulated…
18 Feb 2015
Using independent contractor not a “get out of jail free” card (Demo)
A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent…
12 Apr 2017
Immigration Issues in M&A Transactions
Navigating the intricate legal environment of a merger, acquisition, takeover or other corporate restructuring can be difficult enough without the…
01 Nov 2019
ONCA Finds “Golden Parachute” Provision not Implicitly Subject to the Duty to Mitigate (Demo)
In a decision by a rare, five-judge panel, the Ontario Court of Appeal (ONCA) ruled that a specific notice provision…
25 Jun 2012
Supreme Court of Canada Rules in Favour of Postal Workers in Pay Equity Human Rights Decision
The claim was filed 28 years ago by female employees of Canada Post with the Canadian Human Rights Tribunal (the…
21 Nov 2011
Shifting Sands: Ontario Court of Appeal Upholds Termination Clause
Employers, ever-weary of the next judicial pronouncement on the enforceability of specific termination clauses in employment contracts, may mark a…
28 Feb 2018
Dial “D” for Dismissal: Employee Fired after “Pocket-Dial” (Demo)
Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a…
15 Oct 2015
It’s Party Time: Planning a Safe and Liability Free Office Holiday Party
As we roll into December, many employers will be hosting an office holiday party for their employees. While these events…
29 Nov 2011