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.
A recent decision of the Superior Court of Justice, O’Reilly v Purolator Courier Ltd, 2014 ONSC 3266 (CanLII), suggests that questions regarding how a workplace investigation was conducted may mean that a release signed in favour of the employer may not be enforceable. The facts of the case are straightforward. In 2007, two female Purolator
As I have begun my workplace investigation practice in Nova Scotia in the last few months, I have encountered some commonly held misconceptions among the employers I’ve spoken with about workplace investigations. These “myths” impact how an employer decides to handle, or more commonly ignore, human rights complaints in the workplace, often to the detriment
Two years ago, I attended a Compliance and Ethics Academy in Chicago and was certified as a Compliance and Ethics Professional. Since then, I regularly review publications and articles about compliance systems throughout North America and am often struck by the consistent manner in which training requirements and initiatives impact workplaces when they are included
This past weekend, I was fascinated to read Leah Eichler’s story in the Globe and Mail about “Boomerang Employees.” Having never heard the term, I was interested to learn that it refers to an employee who leaves an organization only to later return to that same organization for a second term of employment, presumably after
Over the past couple of years, we have seen a number of cases in which courts have grappled with the amount of reasonable notice to be given to employees who have long service and who are past the traditional age of retirement. We wrote about this for the first time in our blog “How does
“In my view, it would be contrary to the public interest for the Commission to avoid liability for costs in situations where it has mishandled a complaint to the degree seen in this case.” In Tessier v. Nova Scotia (Human Rights Commission) et al 2014 NSSC 65 (CanLII), the Nova Scotia Supreme Court (NSSC) ruled
“I feel the need, the need for speed.” For those of us raised in the 80s, this is the battle cry of Top Gun’s Maverick and Goose. But for many folks tasked with conducting internal workplace investigations, this quote may also call to mind the manager, lawyer, union leader, complainant or Board member that puts
“I find that the policy in place at the time was not an effective discrimination and harassment policy with respect to racial discrimination. To be a reasonable policy, it would minimally require a definition of discrimination.” Having found the internal investigation seriously flawed in the matter of Cromwell v. Leon’s Furniture Limited (2014 CanLII 16399
Ok, not literally. But if you have kids who have gone to overnight camp, you know what I mean – it’s like being at adult camp. And this year, my kids decided that they wanted to go for the whole summer! When I share this with people and see the corresponding looks on their faces,
Follow us:
Rubin Thomlinson LLP
Tel: (416) 847-1814 | Fax: (416) 847-1815
Privacy Statement | Terms and Conditions
Copyright © 2026
