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right to sue

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read September 10, 2021

Morningstar: Divisional Court finds constructive dismissal claim not statute-barred

A couple of years ago, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") statute-barred a constructive dismissal claim for chronic mental stress arising from a poisoned work environment, along with claims for aggravated, moral and punitive damages, which meant that employees would not be able to pursue such claims before the courts.

Article by Rudner Law, Employment / HR Law & Mediation / Health and Safety, Payroll / bullying, constructive dismissal, employment law, harassment, mental distress, right to sue, Workplace Safety and Insurance Act, Workplace Safety and Insurance Appeals Tribunal

By Sean Bawden | 5 Minutes Read April 13, 2020

Employees cannot sue for constructive dismissal caused by chronic mental stress: WSIAT

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?

Article by Sean Bawden / Employee Relations, Health and Safety, Payroll / bullying in the workplace, constructive dismissal, employment law, harassment in the workplace, right to sue, Workplace Safety and Insurance Act

By Occasional Contributors | 4 Minutes Read May 24, 2018

When liability waivers are upheld

This case illustrates that waivers can be a complete bar to the right to sue and that participants being provided a waiver have the option to opt out of the activity if they are not comfortable with solely bearing the risk associated with it.

Article by Occasional Contributors / Business / Exclusion Clause, issues of contractual interpretation, Liability waivers, right to sue, risk, safety risk

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