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…
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…
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