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constructively dismissed

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Court of Appeal upholds award to constructively dismissed McDonald’s manager; Employer proves it accommodated employee’s disability to the point of undue hardship; and Employer’s LMIA application denied due to lack of “genuineness” of job offer.


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Refusing a 50 km commute not a failure to mitigate

In wrongful dismissal litigation, one of the key issues is always the dismissed employee’s duty to mitigate. When an employee is terminated or constructively dismissed, he or she has a positive obligation to minimize his or her damages by seeking out comparable, alternate employment. Anything the employee earns in the common law notice period is subtracted from what the company owes. An issue that often arises is whether or not it was reasonable for an employee to refuse exploring a potential new job because of the length of the commute.


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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a case where an employee was deemed to be constructively dismissed after a temporary layoff; a decision that leaves employers questioning their bonus policies; and salary projections for 2017 released by The Conference Board of Canada.


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Just cause ‘exaggerated, incorrect and unsubstantiated’

A legal aid lawyer in Newfoundland and Labrador knew his rights when he was suspended indefinitely pending an investigation into alleged negligence, incompetence and dishonesty…


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When is a temporary layoff – not a temporary layoff

Employers will often seek to respond to downturns in their business by temporarily reducing head count, with the hope of having those employees return to work when the business improves. This is often referred to as a temporary lay off. Many employers inquire as to their right to temporarily lay off employees, generally in response to financial constraints of the business.


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Desperate times do not justify desperate measures

In Trites v. Renin Corp, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.


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OLRB dismisses constructive dismissal and allegation of anti-muslim bias

religious discrimination

The Ontario Labour Relations Board (OLRB) recently cautioned individuals not to make serious allegations of religious discrimination and harassment if they don’t have the proof or the evidence to back up the allegations. In The Brick Warehouse LP v. Awan (2012) CanLii 63787, the OLRB varied an Order to Pay issued by an Employment Standards Officer under the Employment Standards Act, for termination amounts owing.


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Slaw: Employee constructively dismissed, but no damages awarded because of failure to mitigate

The Ontario Superior Court of Justice just decided that although an employee was constructively dismissed when he was suddenly “laid off,” the employer did not owe the employee any damages because he failed to mitigate his loss.


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