Court Takes Notice of COVID-19 Pandemic in Assessing Constructively Dismissed Employee’s Mitigation Efforts

We had previously written about two Ontario cases in which the COVID-19 pandemic was considered in determining the appropriate notice period for dismissed employees. In a more recent Alberta case, the court considered the impact of the pandemic primarily in assessing whether the terminated employee had properly mitigated her damages. A duty to mitigate requires the […]

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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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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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Good Faith and Employment Contracts

In a prior post, we reviewed the appeal process in the context of “the Uber arbitration” clause which is now pending. There is another case coming before the Supreme Court of Canada shortly which will very likely have a considerable impact on the interpretation of employment contracts in Canada. The Case in Issue The case […]

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