An Ontario company has won its appeal of an employment standards officer’s order that awarded more than $23,000 in termination and severance to a worker who was constructively dismissed after …
Constructive Dismissal
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Constructive DismissalEmployment ContractsFeaturedWrongful Dismissal
Airline’s argument fails: Canada Labour Code doesn’t allow for layoffs absent contractual right
An Alberta charter airline has lost its argument that the Canada Labour Code (CLC) gave it the right to layoff one of its pilots. Northern Air Charter took the position …
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Constructive DismissalFeaturedWrongful Dismissal
‘Attempt to silence’: Ontario appeal court dismisses employer’s $150 million counterclaim against worker who sued for wrongful dismissal
The Court of Appeal for Ontario has dismissed an employer’s $150 million counterclaim against a worker who filed a constructive dismissal lawsuit over an alleged toxic working environment. It ruled …
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Constructive DismissalFeatured
Under pressure: Ugly family squabble at plumbing company ends in resignation
A nasty family squabble at a Nova Scotia plumbing company, peppered with colourful language and a physical altercation, led to a claim for constructive dismissal. But while the family relationship …
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Constructive Dismissal
Everything HR needs to know about constructive dismissal (but was too afraid to ask)
Constructive dismissal is a situation where an employee resigns from their job due to a significant change in their employment conditions, which makes it difficult or impossible for them to …
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Constructive DismissalFeatured
Concrete worker awarded $2,500 after being called ape, monkey by co-worker
A concrete worker in British Columbia has been awarded $2,500 in human rights damages after being called a monkey and an ape by a colleague. But the B.C. Human Rights …
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Constructive DismissalEmployment ContractsFeatured
B.C. pressman loses bid to have termination clause voided because cap was shorter than mandated for ‘group’ layoffs under ESA
A senior pressman at Glenmore Printing in Richmond, B.C., was laid off during the pandemic — a move that both the worker and employer agreed was constructive dismissal. But the …
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Constructive DismissalFeaturedSmall Claims Court
Award-winning pharmaceutical rep was constructively dismissed: Ontario court
An award-winning pharmaceutical sales representative, who had her hours slashed during the pandemic, has won her claim for constructive dismissal. Interestingly, the court in this case — small claims court …
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Constructive DismissalFeaturedWorkplace Violence
Construction worker, punched in testicles by boss, awarded nearly $300,000 in damages
Editor’s note: This story was updated on Jan. 4, 2022. An earlier version of the story missed $50,000 in human rights damages awarded to the plaintiff. A worker who was …
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Constructive DismissalFeatured
Worker’s secret audio recordings of conversations with bosses OK, rules Alberta court
A worker at a Calgary car dealership did not breach his employment agreement by secretly recording audio during meetings with his bosses, the Court of King’s Bench of Alberta has …