Ontario Decision Holds that the WSIA Does Not Bar Employee from Pursuing Constructive Dismissal Claim
In the recent decision of Morningstar v WSIAT (“Morningstar”), the Ontario Divisional Court (“Court”) partially overturned a decision from the Workplace Safety and Appeals Tribunal (“WSIAT”), Decision No. 1227/19 , which held that an applicant’s claim for constructive dismissal arising out of chronic mental stress due to a poisoned work environment was barred by the […]
Ontario Court Rules that COVID-19 Related Temporary Layoffs Do Not Constitute Constructive Dismissal
In the very recent decision of Taylor v Hanley Hospitality Inc. [Taylor], the Ontario Superior Court of Justice (the “Court”) provided a very helpful ruling for Ontario employers who implemented temporary layoffs during the pandemic and may be facing claims of constructive dismissal.
Court of Appeal Clarifies Thresholds for Constructive Dismissal, Intentional Infliction of Mental Suffering
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]In 2019, workplace harassment and sexual harassment are receiving considerably more attention than ever before.
Unpaid Suspensions: Clarification on the Law
[vc_row][vc_column width=”1/4″][vc_single_image image=”2291″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]A recent decision from the Ontario Court of Appeal has refined the law on administrative suspensions and, particularly, when such a suspension constitutes a constructive dismissal. An administrative suspension can be an effective interim measure pending the results of an investigation into workplace misconduct, harassment or violence. However, employers do not […]
Hiring One Employee May Result in Constructive Dismissal of Another
Constructive dismissal and sexual harassment are two topics that we have blogged about recently to highlight how important it is for employers to be aware of these concepts.
A Rose by Any Other Name… the Lurking Risk of Constructive Dismissal
Most employers are aware of the concept of constructive dismissal, which occurs when an employer unilaterally makes changes to an employee’s terms of employment that fundamentally alter the nature of the job. This can result from changes in compensation, changes in work functions, a loss in status or prestige, or any other change which indicates […]
Timing Is Everything: Comments on Mitigation from the Court Of Appeal
While the duty to mitigate can be help reduce an employer’s liability when it comes to common damages for reasonable notice, the Ontario Court of Appeal in Farwell v. Citair 2014 ONCA 177 reminds employers that certain steps must be taken before arguing that a dismissed employee has failed to mitigate in rejecting a legitimate […]