Condonation
Home › Constructive Dismissal › Principles of Condonation The law is clear that a finding of what would have normally been a constructive dismissal may be not actionable where the…
Options Available in Response to New Term
Home › Constructive Dismissal › Employee Options to Respond to Change in Employment Terms The Ontario Court of Appeal considered the issue of the alternatives available to the employee upon…
Denying the Change or Resignation
Home › Constructive Dismissal › Repudiation or Resignation Generally speaking, case law has determined that the resignation must be “clear and unequivocal”, based on the employee’s free will. The test…
Responding to the New Terms
Home › Constructive Dismissal › Evidence of Refusal of the New Terms of Employment One issue is often whether the conduct of the employee has demonstrated that they have refused…
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…
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