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…
Admin Suspension – Modern Cases
Home › Constructive Dismissal › Administrative Suspension of Employment: Modern Cases The three modern decisions, in chronological order, have further considered this issue. They are that of the Supreme Court…
Administrative Suspension – Early Decision
Home › Constructive Dismissal › Administrative Suspension: Early Days An early decision, early as in 1996, the Prince Edward Island Supreme Court considered the right of the employer to effect…
The Suspension Cases – Introduction
Home › Constructive Dismissal › The Issue of Suspension from Work: Introduction The immediate issue of the implied right to suspend is one required to satisfy the first test of…
Restructuring the Workplace
Home › Constructive Dismissal › Latitude Given to Business Restructure The British Columbia Court of Appeal noted in its 2021 decision that the employer should be given a reasonable time…
Condonation & Lay-Off
Home › Constructive Dismissal › Condoning the Right of Lay-off An employee who has been laid off, absent a prior agreement allowing for such action, has options available to them.…
Lay-Off as CD
Home › Constructive Dismissal › Lay-Off as Constructive Dismissal Presuming that there is not an express or implied term allowing the right of lay-off, such action has been considered a…
Toxic Workplace
The OLRB considered this issue and concluded that there was real doubt as to whether an employee may condone a toxic working relationship: I am not sure the concept of…
Time to Respond & The Need to Respond
There is uncertainty in each case as to what the time period for the election should be. Apart from stating that the time is a “reasonable period”, the law is…
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