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Employers walk a fine line when trying to implement changes to their employees’ terms of employment. They often ask us the following: “how do we prevent a constructive dismissal claim?” A recent Ontario decision provides employers with helpful guidance about making unilateral changes without falling into the constructive dismissal trap. What is constructive dismissal? Constructive
Often times in a constructive dismissal situation where an employee is demoted, the affected employee will have to decide whether or not they are required to accept the demoted position in order to mitigate any damages that they seek arising from the constructive dismissal. In the recent case of Dunstan Morgan v. Vitran Express Canada
I recently read an article written by Leah Eichler for the Globe and Mail (January 17, 2015) titled: “Do more – without blowing a gasket.” In the article she referenced a colleague who never sleeps. She stated that he responds to her emails or texts late into the night and regardless of the hour he
For an employee to successfully argue that she has been constructively dismissed is an uphill battle. The onus is on her to show that a fundamental term of the contract of employment has been breached, she has not condoned that breach, and in walking out the door, she has not failed to mitigate her damages.
This week’s ministerial cabinet shuffle got me thinking about workplace changes and the risks associated with them. From time to time employers feel the need to make significant personnel changes in their workplace which can include revising the duties, titles, and pay structure for some of their employees. While the business may dictate such a
In a decision released last week, Justice Moore of the Ontario Superior Court appears to have altered the law of constructive dismissal as it pertains to temporary layoffs. Before now, if an employee client came to us having been temporarily laid off, we would nonetheless have considered the possibility that the employee might have been
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