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
Appellate Court Finds that CERB is not Deductible from Wrongful Dismissal Damages
By Jeremy Schwartz and Haadi Malik In 2020, the Federal Government introduced the Canada Emergency Response Benefit (“CERB”), which was…
28 Dec 2022
Court of Appeal Finds Progressive Discipline Not Necessary in Just Cause Dismissal
Just cause is a difficult standard for employers to meet. In most cases, employees who are terminated from employment will…
14 May 2015
A wrongful dismissal time warp – When is two years really six?
Perhaps, when an ex-employee takes six years to “discover” that they were wrongfully dismissed. Thankfully, the Ontario Court of Appeal…
24 Dec 2019
New U.S. Labour Department Initiatives to Increase Compliance with Employment Standards
The U.S. Labour Department has recently commenced an initiative to require employers to prepare and adopt compliance plans to ensure…
15 Jun 2010
Consideration: What’s Good for the Goose is Good for the Gander
In a unique set of circumstances, the Ontario Superior Court recently found that changes to an employment contract which benefited…
31 Jan 2018
Alberta court rules on the limits of good faith in the performance of employment contracts
In a recent decision, the Alberta Court of Appeal strongly affirmed employers’ right to terminate employees without cause, and without…
31 Jan 2017
Ontario Court Awards Dependent Contractors over Two Years of Notice
As work patterns change in the modern era, the line between independent contractor and employee can often become blurry. A…
10 Jun 2015
Divisional Court Quashes WSIAT Stress Decision and Allows Constructive Dismissal Case to Proceed
By: Ryan J. Conlin and Jeremy D. Schwartz Historically, workers’ compensation law placed a highly restrictive definition on traumatic mental…
17 Sep 2021
Bill 66 Proposes Further Employer-Friendly Amendments to Workplace Laws
The Ontario government introduced Bill 66, Restoring Ontario’s Competitiveness Act, 2018 on December 6, 2018. Bill 66 passed First Reading, and is…
10 Dec 2018
Lessons from the HR Trenches
Perhaps now more than ever before, the lawyers at Stringer LLP have been deeply engaged, supporting clients who face significant,…
10 Sep 2021
New Year’s Hangover: The Curious Case of the 27 Paycheque Year
The calendar has now changed over to 2015, and with the New Year comes an interesting legal situation for certain…
07 Jan 2015
2013 Q3 StringerLLP HR Law Webinar, Segment 5: Post Retirement Benefits
This is segment 5 of 5 from our Q3 webinar held on Thursday, October 10, “Risks Associated with Reducing Post-Retirement Benefits”
12 Oct 2013
What mental capacity is required to sign a release?
In a past Stringer Update, Releases Protect Employers from Human Rights Complaints, we emphasized the importance of having terminated employees sign…
11 Oct 2012
Revoking Telecommute Agreement A Constructive Dismissal
The Ontario Superior Court recently found that an employee had been constructively dismissed when her employer reneged on its promise…
20 Feb 2018
Keeping the Offer on the Table Essential to Mitigation Defence
Corporate restructuring is often accompanied by lawsuits by jilted employees claiming constructive dismissal. In a recent case, the Ontario Court…
26 May 2014