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
What is a Constructive Dismissal in Ontario Employment Law?
What is a Constructive Dismissal in Ontario Employment Law? In Ontario, a constructive dismissal occurs when an employer makes a significant change to an employee's job terms of employment, working conditions or employment contract without the employee's consent. Specifically, the change to the
Unpaid Workplace Suspension – Is it a Constructive Dismissal in Ontario Employment Law?
As an employment lawyer, I have assisted many employees (and employers) where a dispute arose because of a company's decision to place an employee on a unpaid administrative suspension. Is it permissible for an employer to suspend an employee for administrative reasons without pay (such as to
Constructive Dismissals – Suspended Without Pay
Are you an employee who was recently suspended from your job without pay? Unfortunately, this is a situation some employees find themselves in these confusing situations and are unaware of their legal rights and options. To make matters worse, your employer may have described it as as a
What’s Old is New Again: Workplace Harassment Can Lead to Employee Constructive Dismissal
Under Ontario's employment law, an employee's job may be terminated "unofficially" or as many employment lawyers call it, a "constructive dismissal." There can be many forms of a constructive dismissal (as discussed below). However, in this article, we will discuss one form that unfortunately