Employees Can Claim Constructive Dismissal for Workplace Harassment and Bullying
Employees Can Claim Constructive Dismissal for Workplace Harassment and Bullying As many of our readers know, The Workplace Safety Insurance Act, 1997 (“WSIA” or “the Act”) provides employers with insurance against certain workplace injuries. Employees injured in a workplace governed by the WSIA receive benefits under the Act. In lieu, the injured employer is generally statute barred from commencing a claim against the employer […]
Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal
Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal Since the introduction of the Infectious Disease Emergency Leave (IDEL) on May 29, 2020, there has been significant uncertainty surrounding its interaction with the common law. Unilateral impositions of layoffs are traditionally grounds for claims for constructive dismissal, entitling the laid off employee to pay-in-lieu of […]
Court Rules Constructive Dismissal for Employees Laid Off for Covid-19
Court Rules Constructive Dismissal for Employees Laid Off for Covid-19 Ontario courts continue to provide guidance with respect to layoffs caused by Covid-19. In the recently released decision of Ristanovic v. Corma Inc., 2021 ONSC 3351, Justice Dunphy held that two employees who were laid off at the onset of Covid-19 had been constructively dismissed. […]
IDEL Layoffs Constitute a Constructive Dismissal
IDEL Layoffs Constitute a Constructive Dismissal – Important Update from the Ontario Superior Court Since the introduction of the Infectious Disease Emergency Leave in May 2020, there has been great speculation as to its impact on the ability of employees who have been laid off due to COVID-19 to claim constructive dismissal. Pre-pandemic, most layoffs would constitute […]
The Court Awards Plaintiff a Whopping $1.27 MILLION in Constructive Dismissal Damages
In a recent decision, McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the court awarded the Plaintiff with a damage award exceeding $1.27 million as a result of a constructive dismissal. In this case, the Defendant employer, signed a Fixed-Term 10-year “Transitional Consulting Services Agreement” with the Plaintiff employee. This Fixed-Term Agreement was notably silent […]
Everything but those Two Little Words: The Truth Behind Constructive Dismissal
On his hit television show The Apprentice, business mogul Donald Trump turned the words “you’re fired” into a novelty catch phrase. In reality though, these are likely the two most difficult words any employee could hear. Work is one of the most important relationships in people’s lives, and the end of that relationship can be […]