Ontario Case Law
Home › Constructive Dismissal › Ontario on Repudiation of Contract The case law in Ontario is not quite as straightforward, as suggested by this 2024 B.C. decision. The most recent…
British Columbia Case Law
Home › Constructive Dismissal › British Columbia: Repudiation The recent decision in B.C. allowed the employee’s submission that the employment contract had been repudiated by the conduct of the employer.…
Repudiation or Termination – Introduction
Home › Constructive Dismissal › Repudiation vs Termination: Introduction There is a difference between an assertion of repudiation and termination. Repudiation is an assertion that the employment “contract” has been…
Establishing a Causal Link in Constructive Dismissal
Home › Constructive Dismissal › Showing the Link It stands to reason that the refusal to remain employed and take action must be due to the change in the employment…
Duty to Provide Employment
Home › Constructive Dismissal › Obligation to Provide Active Duties The B.C. Court of Appeal considered this issue of whether the removal of active employment duties may lead to a…
Sexual Harassment as Constructive Dismissal
Home › Constructive Dismissal › Sexual Harassment as Constructive Dismissal An employer which fails to provide a work place which is free from harassment may be subject to an assertion…
Human Rights Violations & Constructive Dismissal
Home › Constructive Dismissal › Human Rights Violations & Constructive Dismissal Two issues will arise with respect to the relationship between a protected statutory right and a common law claim.…
Toxic Workplace
Home › Constructive Dismissal › Abusive Work Environment The test to be applied is typically not a single act but rather it is based on the “cumulative effect of past…
Applying the Test for Constructive Dismissal
Home › Constructive Dismissal › The Test for Constructive Dismissal The Terms of the Contract The first step in the analysis is then to determine the existing terms of the…
The Leading Cases
Home › Constructive Dismissal › The Leading Cases on Constructive Dismissal The Supreme Court of Canada has released three important decisions on the issue of constructive dismissal. Two are reviewed…
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