Employer’s Right of Suspension

The leading decision on this issue comes from the Supreme Court of Canada[1]. In this case, the Court determined that a suspension without pay would in most cases be a breach of the employment relationship unless such conduct was based on either an express or an implied term of the contract. Recent Law The Ontario […]

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Employee Sues for Hiring of Past Sexual Abuser

Employee Fired Due to Hiring of Past Sexual Abuser The recent decision of the Ontario Superior Court of Colistro vs Tbaytel and the City of Thunder Bay provides an interesting review of the issues of constructive dismissal, sexual harassment and damages for the breach of the obligation of good faith, albeit in a very unusual […]

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Office Disagreement Leads to Accidental Termination

The Ontario Court of Appeal recently upheld an Ontario Superior Court of Justice’s decision that focused on the importance of maintaining composure with employees, particularly during moments of disagreement or conflict. Background The plaintiff was employed as a registered practical nurse in the defendant’s medical office and had been working there for 22 years. The […]

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Company’s Failure to Pay $300,000 Bonus Not a Constructive Dismissal Says Court of Appeal

The Ontario Court of Appeal recently upheld a decision of a lower court which found that the failure of a company to pay an employee a $300,000 bonus was not a constructive dismissal, but rather, a “disagreement over the interpretation of [the employee’s] bonus scheme”. What Happened? The company in question provides real estate management […]

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