Impact of Evans
Home › Constructive Dismissal › Evans: Mitigation & Constructive Dismissal The fundamental precept of Evans is whether a reasonable person would accept the offer extended by the employer to mitigate…
Duty to Mitigate – Mifsud & Evans – Intro to Mifsud
Home › Constructive Dismissal › Mitigation & Constructive Dismissal: Mifsud & Evans Duty to Mitigate by Accepting the Alternative Position Mifsud is a 1989 decision of the Ontario Court of…
A Fundamental Analysis
Home › Constructive Dismissal › Relocation as Constructive Dismissal: A Principled Approach The leading case, on a principled basis, is a 1989 decision of the Ontario Court of Appeal which…
Relocation as CD
Home › Constructive Dismissal › Relocation as Constructive Dismissal A Contracted Right The preliminary question will be whether the parties have agreed that relocation to alternative cities are part of…
Implied Right to Demote or Discipline
Home › Constructive Dismissal ›Implied Right to Demote or Discipline Implied Right to Demote or to Discipline Mifsud The Ontario Court of Appeal in its 1989 decision in Mifsud is…
Covid Cases
Home › Constructive Dismissal › Covid Issues re Constructive Dismissal Refusal to Mask Up The Alberta decision of Feasby, J. in Benke v Loblaw Companies considered a claim made by…
Anecdotal Review
Home › Constructive Dismissal › Anecdotal Review on Cases re Suspension of Employment OSC 2019 Unpaid Admin Suspension Not Allowed This issue was considered in a 2019 decision of the…
Summary of Suspension Issues
Home › Constructive Dismissal › Summary of Cases on Suspension of Employment Administrative The synthesis of these cases then is as follows. To succeed on the argument of the…
Disciplinary Suspension and Constructive Dismissal
Home › Constructive Dismissal › Disciplinary Suspension Carscallen 2005 The plaintiff in this case was suspended due to the content of an email exchange with her immediate superior. She was…
Admin Suspension as a Contract Term
Home › Constructive Dismissal › Contract Allows for Administrative Suspension of Employment Contractual Foundation It is likely that a policy manual or similar document which proposes to allow the employer…