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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 Doug MacLeod, MacLeod Law Firm | 4 Minutes Read March 10, 2020

Constructive dismissal update: Employee claiming damages for workplace harassment barred from commencing court action

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.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll / abuse in the workplace, bullying in the workplace, chronic mental stress, employment law, harassment, mental stress, workplace harassment, Workplace Safety and Insurance Act, WSIA

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