constructive dismissal

OCA denies $953,000 “commission” over notice period

November 25, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

In this case, as in other recent OCA cases, the Court is giving greater emphasis to the contractual language of the various bonus and commission plans as opposed to the principles of interpretation generally applied to employment contracts as set out in the seminal case of Wood v Fred Deeley.

bonus and commission, commission, compensation, constructive dismissal, contract of employment, employment law, good faith, notice period

Restructuring tools to minimize the risk of successful constructive dismissal claims

November 11, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

One of the biggest concerns for employers reorganizing in response to operational requirements is the potential for constructive dismissal claims by employees impacted by the changes.

constructive dismissal, re-employment, recall to work, temporary layoff

Fixed-term contract costs employer $1.2 million in severance

August 16, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

Beware the fixed-term employment contract. That should be every employer’s mantra following the recent decision of the Ontario Superior Court in McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108 (“McGuinty”).

constructive dismissal, employment agreement, employment law, fixed-term contract, Terminating a fixed-term contract early

Requiring agility – How much can an employer change job duties?

June 5, 2019 Lisa Stam, Spring Law Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

How flexible can employers expect their employees to be when it comes to having their roles and duties changed? And how important are these promises of agility in the employment contract?

constructive dismissal, employment law, job description, job duties, job flexibility

How a bad hire could lead to damages for constructive dismissal

May 3, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

In the wake of the #metoo movement, one question that has arisen, and which our firm has commented upon is how employers are to react when those individuals attempt to return to the workforce.

#metoo, constructive dismissal, damages for constructive dismissal, employment law, mental suffering

Plaintiff wins $114,082 but pays costs to the defendant of $200,000

March 25, 2019 Barry B. Fisher LL.B. Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 0

A plaintiff was awarded 12 months notice but because she had been on STD and LTD during this same period, her actual damages were only $14,082. She was also awarded Honda or moral damages of $100,000.

award of costs, constructive dismissal, employment law

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

March 11, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

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.

Bonus entitlement, Bonus entitlement on termination, constructive dismissal, employment law, termination

Constructive dismissals – not blank cheque to refuse re-employment

February 19, 2019 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

constructive dismissal, employment law, layoff, temporary layoff

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

January 23, 2019 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, 0

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, employment law, punitive damages, without pay suspension, wrongful dismissal

Constructive dismissal – Suspension without pay must always be reasonable

July 18, 2018 Devan Marr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

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.

constructive dismissal, employment law, suspension without pay, termination

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

June 18, 2018 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

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.

common law damages, constructive dismissal, Relocation, termination, unilateral change of contract, unilateral decision of employer, wrongful dismissal

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

May 16, 2018 Vey Willetts LLP Employee Relations, Health and Safety, Human Resources, Human Rights

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.

Conflict resolution, constructive dismissal, Due diligence, employment law, workplace harassment, workplace harassment investigation

Three popular articles this week on HRinfodesk

April 26, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources

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

constructive dismissal, defamation, employment and labour standards, employment law, employment references, ESA blitzes, health and safety, occupational health and safety, termination, work from home

Claiming constructive dismissal as an independent contractor

March 20, 2018 Occasional Contributors Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll

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 […]

breach of contract, constructive dismissal, employee v. independent contractor, employment law, independent contractor, independent contractor relationship

Three popular articles this week on HRinfodesk

August 24, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

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.

claims of wrongful dismissal, constructive dismissal, eldercare, eldercare obligations, employment, employment contract, employment law, mitigation of losses, Ontario Employment Standards, probation clause, temporary layoff, termination without cause, termination without notice, the need for accommodation, work family balance