Topic
Constructive Discharge
200 published works
Law Times News
Appeal court overturns ruling that COVID-related layoffs preclude constructive dismissal claims
Court declined to address if IDEL layoffs count as constructive dismissal under common law
Rudner Law Blog
Ontario Court of Appeal Punts on Whether Putting an Employee on IDEL Is/Is not Constructive Dismissal
You can’t always get what you want – Mick Jagger/Keith Richards. We may be ‘done’ with COVID-19, but COVID-19 is not done with us. The sixth (!) wave of the…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (MAY 9, 2022 – MAY 13, 2022)
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good evening. These are our summaries of the civil decisions of the Court of Appeal for Ontario for the…
Workforce Bulletin
Massachusetts Appeals Court Rejects Whistleblower’s Constructive Discharge Claim
By Gregory (Greg) Keating, Francesco (Fran) A. DeLuca
Employees who resign from work, sue their employer, and assert “constructive discharge” shoulder a heavy burden to demonstrate that they had no choice but to resign. A recent decision of…
Employment Law Worldview
Constructive criticism – last straw dismissal decision overturned by EAT (UK)
Every so often there comes along a case which is not madly interesting on its own facts (stay with me here) but which still serves as a useful future touchstone…
Achkar Law Blog
Constructive Dismissals: Suspended Without Pay
Are you an employee who was suspended from work without pay? Maybe your employer placed you on an “involuntary personal leave of absence” instead? If so, you may have a…
Achkar Law Blog
Ontario Constructive Dismissal Claims Due To Management And Bullying
Author: Shira Levine Constructive dismissal is a form of wrongful dismissal without an employer formally terminating an employee. Generally, Ontario constructive dismissal claims arise from one of two situations. First,…
Stacey R. Ball Blog
Constructive Dismissal Resulting in High Damage Award Upheld by Ontario Court of Appeal
McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home) is a case unlike many others, in the sense that it involved a particularly large award of wrongful dismissal damages: $1,274,173.83. There…
The Malaysian Lawyer
Case Update: Court of Appeal rules that employee demotion amounts to constructive dismissal
In this Case Update series, I share summaries of recent Malaysian court decisions to explore the current approach taken by the courts when deciding on employment-related issues. You can find…
Stacey R. Ball Blog
Material Non-Disclosure in Ex Parte Application Leads to Court Overturning Order: Constructive Dismissal or Resignation?
Secure Resources Inc., the employer in a recent Alberta Court of Queen’s Bench decision, had been granted an Anton Piller order as well as an interim injunction against a former…