First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

constructive dismissal

Double bonus: Court sides with employer on bonus entitlement, calculation appeals

Employers are often vexed by bonus entitlement and calculation issues when weighing termination decisions and defending claims for wrongful dismissal. Bonus disputes are invariably complex and costly.

 

, , , ,

Constructive dismissals – not blank cheque to refuse re-employment

A recent Ontario Superior Court summary judgment decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim.

 

, , ,

Ontario Court of Appeal upholds constructive dismissal – without pay suspensions must be justified

The first issue in Filice for the Court of Appeal was whether the without pay suspension constituted constructive dismissal. The Court first cited the two-branch test set out by the Supreme Court of Canada in Potter v. New Brunswick Legal Aid Services Commission (2015).

 

, , , ,

Constructive dismissal – Suspension without pay must always be reasonable

If an employer is considering suspending someone without pay best practices suggests one should document the issues, provide clear reasons for the suspension, and seek legal advice.

 

, , ,

Not so constructive feedback: Employer’s unilateral changes result in constructive dismissal

In Robinson v. H.J. Heinz Company of Canada LP, Stinson J. found that the Plaintiff, a long term employee of the Defendant, had been constructively dismissed when the Defendant progressively stripped responsibilities from her position after a merger.

 

, , , , , ,

Requirements for conducting a workplace harassment investigation: lessons from the Green Party

Any allegation of harassment in the workplace needs to be taken seriously. Not the least of which, employers should be mindful of the statutory duty to conduct a related investigation.

 

, , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with constructive dismissal, workplace inspection blitzes and employment references.

 

, , , , , , , , ,

Claiming constructive dismissal as an independent contractor

Can independent contractors claim damages for constructive dismissal? In a decision released March 7, 2018 by the Ontario Superior Court of Justice, Barresi v Jones Lang LaSalle Real Estate Services, Inc., 2018 ONSC 837, the answer to that question was essentially yes. Facts The case concerned a commercial real estate broker, Barresi, who was retained […]

 

, , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employer who wrongly relied on probation clause to retract offer of employment, a recent Conference Board of Canada report that shows employees are struggling to balance work and eldercare, and protecting your right as an employer to impose temporary layoffs.

 

, , , , , , , , , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a repeal of an increase in OAS age of eligibility, an employer’s refusal to pay bonus not amounting to constructive dismissal and the determination that an employee’s cessation of LTD benefits couldn’t advance by way of action.

 

, , , , , , ,

Constructive dismissal? A question of interpretation

The employee in this case acted hastily, and the employer prevailed against his constructive dismissal claim. However, the employer may have avoided the time and expense of litigation if the bonus agreement had contained clear, concise language.

 

, , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Repeal of CPP Social Insurance Numbers Regulations and amendments; whether less-than-ideal working conditions can result in a constructive dismissal circumstance; and an employee’s reinstatement after serious misconduct.

 

, , , , , , , , , ,

Constructive dismissal and employer prestige

In 2016, the Court of Appeal of Quebec has clarified that reduced employer prestige cannot, in itself, serve as grounds for constructive dismissal in the specific context of business acquisitions.

 

, , , , , , ,

Le congédiement déguisé et employeur prestige

En 2016, la Cour d’appel du Québec a conclu que, dans le contexte de l’aliénation d’une entreprise, le fait pour un employé de passer à un employeur moins prestigieux ne peut, en soi, constituer un congédiement déguisé.

 

, , , , , , , , , , , , , , , ,

Bore out: Workplace boredom and employer liability

Despite workplace boredom being a mundane reality of some working lives, it may also be the catalyst for more serious workplace concerns. At the extreme, in limited circumstances, boredom could even form the basis for constructive dismissal.

 

, , , , , , , , , , , , , ,

Previous Posts