Suspension Without Pay & Constructive Dismissal

Constructive dismissal occurs when an employee is not terminated directly, but when their employer’s conduct indicates that the employer no longer wishes to be bound by the employment contract. In other words, when the employer creates a situation for the employee that is drastically different from that contemplated by the original employment agreement. This may […]

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Human Rights by Civil Action

The Basic Rule Ontario law allows for two methods of presenting a human rights complaint. The first is to present the case before the Human Rights Tribunal and the second is to sue for the human rights remedy in civil court. To take this latter step, there must be a “companion” claim then commenced as […]

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Constructive Dismissal Actions: Worth the Risk?

The Basic Rules The common law doctrine of constructive dismissal allows an employee to assert that their employment has been terminated even though the employer has not directly delivered a notice of termination. The employee may generally make this assertion where the conduct of the employer is such that an objective bystander would reasonably determine […]

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More on Workers’ Compensation & Mental Distress Claims

As discussed in a recent post, amendments to Ontario’s workers’ compensation laws now allow for claims for workers’ compensation benefits based on claims for mental distress. This is having a severe impact on civil claims in which the employee has asserted “unfair conduct” leading to claims for aggravated damages due to emotional distress. There, are, […]

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