Tag: Constructive Dismissal

Employer who hires job applicant over an employee’s objection ordered to pay the employee >$ 100 000 in damages

by Doug MacLeod | Apr 2, 2019 | For Employers

In a recent case, a female employee asked her employer not to hire a male executive because he had sexually harassed her when he had been employed earlier. The employer refused, the employee quit, and claimed, among other things, wrongful dismissal damages and...

Can an Employee Stop an Employer from Hiring a Job Applicant?

by Doug MacLeod | Mar 25, 2019 | For Employees

Was your Suspension a Constructive Dismissal?

by Nicole Simes | Oct 26, 2018 | For Employees

Was your Suspension a Constructive Dismissal? Employees today spend as much time at work as they do at home. So, the workplace should be an environment where you feel secure, trusted and safe. Unexpected changes in your job, such as a suspension, can leave you feeling...

Does an Unpaid Suspension Constitute a Constructive Dismissal? Sometimes

by Doug MacLeod | Sep 11, 2018 | For Employers

Employers are increasingly suspending employees when allegations of misconduct are made against an employee. This includes allegations of sexual or workplace harassment and allegations of financial improprieties. If such a suspension constitutes a wrongful dismissal...

Secret Recordings at the Workplace (Part 2)

by Nadia Halum | Aug 21, 2018 | For Employees

Last week, I posted a blog about the advisability of recording conversations at the workplace. However, that’s not the only consideration to keep in mind given the advent of technology. I often receive calls from clients who suspect they are being monitored by their...

When Being Suspended Without Pay is Constructive Dismissal

by Hina Ghaus | Jul 25, 2018 | For Employees

Sometimes your employer is allowed to suspend you without pay. Other times, this is a breach of your employment contract and can amount to a constructive dismissal. How can an employee know when a suspension without pay is justified? The Ontario Court of Appeal looked...

Fired? What to Know Before You Sign

by Nicole Simes | Jul 20, 2018 | For Employees

At face value, anything under official letterhead seems legal and final. However, the conditions of your termination may well be negotiable. So, while being fired can be a confusing and stressful time, it is absolutely crucial that you read and consider the...

The Duty to Mitigate: What Happens to Earnings from a Lower Paying Job?

by Hina Ghaus | Jul 20, 2018 | For Employees

Losing your job is one of life’s awfully stressful events. Yet, Canadian courts have long recognized the duty of a dismissed employee to seek new employment to mitigate their losses. The duty to mitigate requires wrongfully dismissed employees to take reasonable steps...

« Older Entries

Employer who hires job applicant over an employee’s objection ordered to pay the employee >$ 100 000 in damages

Can an Employee Stop an Employer from Hiring a Job Applicant?

Was your Suspension a Constructive Dismissal?

Does an Unpaid Suspension Constitute a Constructive Dismissal? Sometimes

Secret Recordings at the Workplace (Part 2)

When Being Suspended Without Pay is Constructive Dismissal

Fired? What to Know Before You Sign

The Duty to Mitigate: What Happens to Earnings from a Lower Paying Job?

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