Constructive - Canadian Employment Law

Anecdotal Review

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These cases are all fact driven. They are presented in date order, most recent first. The principled review is found here. OSC Dec 2022 A constructive dismissal was found in

Constructive Dismissal Case Law Pre-Potter

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Potter, as reviewed above, did not dramatically revise the common law dealing with constructive dismissal but the decision did set out an analytical review of the fundamental principles, ones which

Impact of Evans

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The fundamental precept of Evans is whether a reasonable person would accept the offer extended by the employer to mitigate the damage claim encountered due to termination of employment, direct

Duty to Mitigate – Mifsud & Evans – Intro to Mifsud

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Duty to Mitigate by Accepting the Alternative Position Mifsud is a 1989 decision of the Ontario Court of Appeal which held that an employee who had been constructively dismissed was

A Fundamental Analysis

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The leading case, on a principled basis, is a 1989 decision of the Ontario Court of Appeal which allowed the employer the implied right to change the plaintiff’s location from

Relocation as CD

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A Contracted Right The preliminary question will be whether the parties have agreed that relocation to alternative cities are part of the employment bargain. Assuming so, there is no need

Implied Right to Demote or Discipline

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The Ontario Court of Appeal in its 1989 decision in Mifsud is well-known for offering the principle that a demoted employee may be obliged to mitigate by accepting the demoted

Covid Cases

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Refusal to Mask Up The Alberta decision of Feasby, J. in Benke v Loblaw Companies considered a claim made by the plaintiff employee who refused to wear a mask or

Anecdotal Review

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OSC 2019 Unpaid Admin Suspension Not Allowed This issue was considered in a 2019 decision of the Ontario court. The employer placed the plaintiff on leave pending an investigation

Summary of Suspension Issues

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The synthesis of these cases then is as follows. To succeed on the argument of the administrative suspension as an implied term, it must be shown that: The Employer is

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