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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A Guide to Notice Limitations Upon Termination

Employment contracts are often an attempt by an employer to minimize an employee’s payment upon the termination of employment. There is no doubt that a company can create a contract under which an employee gives up their common law rights to wrongful dismissal payments. That being said, a few recent cases reflect how difficult it […]

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Remedies & ‘Just Cause’ Termination

The Remedies on Termination There are two basic remedies on termination. One is the common law remedy of wrongful dismissal based on the implied term of fair notice. The second is the statutory claim for the Employment Standards minimum payments of notice and severance pay. The notice claim under this statute is capped at 8 […]

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