Ontario Court Confirms that Unwanted Management is not a Constructive Dismissal

Published on November 05, 2018

Stringer LLP

A recent case from the Ontario Superior Court of Justice confirms that employers remain able to manage their workplace even when employees disagree or are unhappy with how they are managed.

constructive dismissal,  employment litigation,  wrongful dismissal litigation

Suspensions: Caution Required

Published on July 18, 2018

Stringer LLP

A recent case from the Ontario Court of Appeal highlights the risks of using suspensions, particularly unpaid ones, but also provides insight as to how employers may implement them.

constructive dismissal,  employment litigation,  wrongful dismissal litigation

Constructive dismissal? A question of interpretation

Published on April 05, 2017

Would it be a constructive dismissal to refuse to pay an employee the third of a million dollars you owe him? Perhaps not.

constructive dismissal,  employment law

Register Now for our 27th Annual Employers' Conference, Labour & Employment Law Update 2013

Published on August 20, 2013

Registration Now Open!

aoda,  constructive dismissal,  employment law,  employment standards,  human rights,  labour relations,  occupational health and safety,  privacy,  wrongful dismissal litigation

Solid evidentiary burden to prove constructive dismissal due to poisoned work environment

Published on August 14, 2013

The Ontario Court of Appeal has reversed a finding of constructive dismissal for lack of sufficient evidence, providing an insight into the proof required to assert such claims.

constructive dismissal,  human rights,  wrongful dismissal litigation

New Employment Contract Term Triggers Constructive Dismissal

Published on March 06, 2013

A recent decision of the Ontario Labour Relations Board, Sabbah v. University of Ottawa, demonstrates how mistakes in presenting new employment contracts to current employees can inadvertently trigger a constructive dismissal.

constructive dismissal,  employment law

When does a change in hours of work constitute a constructive dismissal?

Published on August 30, 2012

In Dechene v. Dr. Khurrum Ashraf Dentistry, an employee who had been employed by a verbal agreement was provided with a proposed new written employment agreement. The employee currently worked 32 hours per week in a part-time position. The new written employment agreement provided that the employer had the right to require the employee to work up to 48 hours in any given week. The language of the agreement provided, “the employee shall recognize the absolute right given to the employe[r] under the Employment Standards Act of Ontario to schedule the employee to work up to 48 hours in any given week”

constructive dismissal,  employment law,  employment standards

Landmark Decision on Certification of ESA Class Actions and Constructive Dismissal

Published on April 25, 2012

Ontario’s Divisional Court has upheld a lower court ruling refusing to certify a class action for statutory notice and severance pay, and in the process provided helpful guidance interpreting an earlier Ontario Court of Appeal decision on constructive dismissal.

class actions,  constructive dismissal,  employment standards

Court finds employee did not condone changes after 15 months

Published on April 12, 2011

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.

constructive dismissal,  employment law,  wrongful dismissal litigation