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.
Parador Support / About Author
Related Posts
New COVID-19 Regulation Gives Temporary Relief from Constructive Dismissal Under the ESA (Demo)
By: Landon Young and Amanda Boyce The Ontario government introduced a new regulation on May 29, 2020 under the Employment Standards…
01 Jun 2020
WSIB loss of Earnings Benefits still offset against Wrongful Dismissal Damages in Ontario (Demo)
In a recent decision, Jensen v. Schaeffler Canada Inc., the Ontario Superior Court of Justice reduced an employee’s pay in lieu of…
25 Jul 2011
Bank of Nova Scotia Overtime Class-Action Settles Out of Court (Demo)
Employers often avoid making significant, compliance-oriented changes for fear that employees will discover their rights have been violated for years…
27 Aug 2014
Class Action Employment Lawsuit Filed Against Canadian Hockey League
Hot on the heels of the announcement of the recent MOL enforcement blitz, a freshly filed statement of claim in…
20 Oct 2014
Ontario Court of Appeal Rules Non-Competition Clause Unenforceable – Allison Taylor (Demo)
Ontario Court of Appeal Rules Non-Competition Clause Unenforceable – Allison Taylor
12 May 2011
Probationary clauses: A double-edged sword for employers (Demo)
Many employers find it necessary to assess new employees’ performance on the job before making a final determination about whether…
17 Feb 2017
Ontario Court Awards Dependent Contractors over Two Years of Notice (Demo)
As work patterns change in the modern era, the line between independent contractor and employee can often become blurry. A…
10 Jun 2015
Will this Ever End? Managing Return to Work in the Fourth Wave
Even as the world grapples with variants and what appears to be the fourth wave of the COVID-19 pandemic, employers…
24 Aug 2021
Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice
Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship….
28 Jan 2016
Court of Appeal Protects Manager from Personal Liability on Employee Termination (Demo)
A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision, Richards v….
09 Jan 2013
Generous termination clauses: Think twice before making promises
Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination…
28 Apr 2017
Tribunal Awards Four Years’ Lost Wages to Job Applicant Who Lied About Immigration Status (Demo)
The Human Rights Tribunal of Ontario (the “Tribunal”) recently awarded $101,363.16, representing four years’ lost salary, and $15,000.00 for injury to dignity,…
24 Sep 2019
Going Global: Ontario Superior Court Grants Severance Pay Based on Non-Ontario Payroll (Demo)
By: Jeremy Schwartz and Frank Portman A recent French language decision from the Ontario Superior Court of Justice indicates that…
08 Aug 2014
Working Notice Inappropriate for Employees Who Cannot Work (Demo)
The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have…
19 Dec 2017
The Truth Will Set You Free – A Bad Reference is Not Necessarily Defamatory
The Divisional Court recently upheld a trial decision finding that an employer did not defame a former employee when it…
12 Nov 2018