Constructive Dismissal Sometimes, an employer decides to make major changes to an employee's job, without approval. When such changes are significant enough, and negatively impact an employee, there may be grounds for a claim of constructive dismissal in Ontario. However, under Ontario
Constructive Dismissal Claims in Ontario
What are Constructive Dismissal Claims and What Should Employees Know? Constructive dismissal claims in Ontario occur when an employer makes a significant change to the fundamental terms and conditions of an employee’s contract unilaterally (without the employee’s consent), leading the employee
Constructive Dismissal: Chalmers v Airways Transit Service and Bladder Capital Group, 2023 ONSC 57825
Recently, an Ontario court continued the string of court decisions that build on a common theme post-COVID-19 pandemic for constructive dismissal lawyers: awarding a wrongfully terminated employee additional reasonable notice of termination (or pay in lieu of notice) in has been known as
Constructive Dismissal Claims in Ontario are Fact-Specific
Constructive Dismissal Claims in Ontario Employment law in Ontario is a nuanced and sophisticated area of law, mainly because it involves many different legal rules from employment contracts to employment standards legislation to common law. One of the hotly contested areas is a claim of
Temporary Layoff? Is Employee’s Silence a Tacit Agreement to a Constructive Dismissal? Court Says “No”
Ontario Court of Appeal Says Silence Does Not Equal Condonation for Temporary Layoff In Ontario, many employment lawyers guide both employees and employers with issues of unpaid temporary layoffs, which is a sensitive topic - and rightfully so. Quite often, we find that employers mistakenly
Constructive Dismissal Claims in Ontario Employment Law
In employment law, employees facing a significant change to their job may be able to pursue a constructive dismissal claim against their employer. How does an employee succeed on a constructive dismissal claim? The Supreme Court of Canada in a case called Potter v. New Brunswick Legal Aid
Is a Pay Cut a Constructive Dismissal?
What is a Constructive Dismissal in Ontario Employment Law? A constructive dismissal claim occurs when an employee complains about a significant unilateral change made by an employer to the terms and conditions of their employment contract. Specifically, it involves an employee arguing that an
How Do I Know If I Have a Constructive Dismissal Claim Against My Employer?
What Every Employee Should Know About Constructive Dismissal As an employment lawyer in Toronto, I am quite often asked to assist employees who believe they suffered a constructive dismissal. While this legal concept is not as well known, it is slowly gaining traction in the public mind as