Can an employee in Ontario sue for constructive dismissal, if the reason the employee was forced to leave employment was because of chronic mental stress, caused by workplace bullying or harassment?
If this case is upheld on appeal, this decision suggests that if an employee quits because of workplace harassment, then the employee will not be able to bring a constructive dismissal in the courts in some cases.
Bullying is usually seen as acts or verbal comments that could “mentally” hurt or isolate a person in the workplace. Sometimes, bullying can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behaviour that is intended to intimidate a particular person or group of people.