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constructive dismissal

By Vey Willetts LLP | 4 Minutes Read December 16, 2022

When is forty minutes too much?

Ontario employees who lose their job are required to take reasonable steps to replace their lost income. Severance is intended to bridge the gap while an individual is out of work, and there is a legal requirement that, where possible, a person take all reasonable steps to stem the flow of their losses.

Article by Vey Willetts LLP / Employment Standards, Payroll / constructive dismissal, employment law, failure to mitigate, re-employment, termination Leave a Comment

By Barry B. Fisher LL.B. | 1 Minute Read October 4, 2022

BCSC holds that putting non-compliant employee on leave for violating vaccine mandate is NOT a constructive dismissal

In Parmar v. Tribe Management Inc., (2022 BCSC 1675) Justice MacNaughton ruled that a mandatory vaccine policy introduced in October of 2021 was reasonable and that on an objective basis a reasonable employee would not have considered the policy as a substantial imposition of an essential term of the agreement.

Article by Barry B. Fisher LL.B. / Health and Safety, Payroll / constructive dismissal, employment law, mandatory vaccine policy, termination, vaccine mandate, wrongful dismissal Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read September 9, 2022

Demotion as discipline

Many employers assume that they can demote an employee as a disciplinary measure and are shocked to learn that doing so might constitute a constructive dismissal. In fact, it will be a constructive dismissal in most cases.

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards, Payroll / constructive dismissal, demotion, discipline, employment contract, employment law, mitigation, termination, wrongful dismissal Leave a Comment

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