Constructive Dismissal | MacLeod Law Firm

Doug’s Top 5 Employment Law Stories of 2022

Doug MacLeod — Tue, 13 Dec 2022 15:00:08 +0000

Here are my top 5 employment law stories for 2022: 1. COVID 19 – Temporary Layoffs This issue remains my number one story because this issue impacts so many court cases. Some judges have concluded that a temporary layoff set out in the Infectious Disease Emergency Leave (“IDEL”) regulation under the Employment Standards Act, did not change the common law. So, this kind of temporary layoff is…

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Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer

Doug MacLeod — Tue, 24 May 2022 14:00:29 +0000

In a recent case, Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, both lawyers asked a three judge panel of the Ontario Court of Appeal (OCA) to decide whether a law which allows an employer to force an employee to take an unpaid leave under the ESA’s IDEL regulation, which is in effect during the COVID pandemic, is NOT a constructive dismissal under the ESA, nevertheless is still a constructive…

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Workplace Bullying: Does My Employer Have To Intervene?

MacLeod Law Firm — Thu, 17 Sep 2020 20:48:03 +0000

Workplace Bullying: Does My Employer Have To Intervene? Have you experienced workplace bullying or harassment? Did you know that your employer has an obligation to investigate any complaint of bullying or harassment you make regardless of whether or not you file a formal complaint? In fact, simply stating that you are feeling attacked or bullied could trigger the employer’s duty to investigate.

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Constructive Dismissal and Covid-19

MacLeod Law Firm — Mon, 13 Jul 2020 18:32:40 +0000

Constructive Dismissal and Covid-19 Over the past few months, we have received many questions from concerned employees about changes to their jobs and constructive dismissal. Some have experienced reductions in hours, others have had their pay cut, others are being asked to complete new or different tasks. Everyone, however, has the same question. Do I have a legal case because of these…

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COVID-19 Update: Do Reduced Hours of Work or a Temporary Lay Off Constitute a Termination or a Constructive Dismissal? The legal waters just got murkier

Doug MacLeod — Tue, 02 Jun 2020 15:32:45 +0000

The Ontario government has just amended the Employment Standards Act (the “ESA”) to address reduced hours of work and layoffs caused by COVID-19. A copy of the new law is found here. Essentially, the definition of temporary layoff and constructive dismissal under the ESA has been amended from March 1, 2020 until six weeks after the state of emergency has ended. Employees are deemed to be on…

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COVID-19: What a Difference A Month Makes

Doug MacLeod — Tue, 07 Apr 2020 13:12:36 +0000

In over 30 years I have never seen one topic dominate my employment law practice like COVID-19 has over the last three weeks. Some Ontario businesses have gone from working at 100% capacity to 0% because the Ontario government has declared these businesses as non-essential and working remotely is not possible. Other businesses have slowed down but can continue to operate because work from…

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Constructive Dismissal Update: Employee Alleging Workplace Harassment Barred from Pursuing a Civil Claim

Doug MacLeod — Tue, 25 Feb 2020 15:00:16 +0000

An employee quit her employment because of workplace harassment and filed a constructive dismissal action. The Employer brought an application under the Workplace Safety and Insurance Act (the “WSIA”) and convinced an adjudicator that the action was statute barred. However, the adjudicator concluded that the employee could claim for benefits under WSIA. If this case is upheld on appeal…

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Doug’s Top 5 Employment Law Stories of 2019

Doug MacLeod — Tue, 10 Dec 2019 13:51:02 +0000

We have started the last month of 2019 and it is time for my annual top Employment Law stories of the year. 2019 has been a relatively good news year for Ontario employers. On January 1, 2019, the new Conservative provincial government started the year by delaying (likely indefinitely) the implementation of the Pay Transparency Act and by repealing a $1 per hour increase in the minimum wage…

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Are Executives Entitled to Variable Compensation after being Terminated?

Doug MacLeod — Wed, 07 Aug 2019 14:00:41 +0000

Are Executives Entitled to Variable Compensation after being Terminated? This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609, that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation. The Facts In 2001, Mr.

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

Doug MacLeod — Tue, 02 Apr 2019 14:40:43 +0000

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 punitive damages. This case deals with the conflict between an employer’s right to hire whomever it wishes and its obligation to provide…

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