Topic
Constructive Discharge
200 published works
Stacey R. Ball Blog
Layoffs During The Covid-19 Period Can Be A Constructive Dismissal At Common Law
In a recent decision of Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, the Ontario Superior Court ruled that the Infectious Disease Emergency Leave Regulation (“IDEL Regulation”) made under…
Law Times News
Second ruling on whether a COVID-related layoff is constructive dismissal produces opposite result
‘We have now this complete state of uncertainty,’ says employment lawyer Stuart Rudner
Achkar Law Blog
5 Commonly Asked Questions About Employment Law
There are many factors which could influence an employment law claim or case, and these factors are not always clear to those who don’t practice law, often making it overwhelming…
Professional Practice Alliance
Can partners and LLP members claim constructive dismissal?
By Clare Murray
As law firms review partner ranks in the wake of Covid-19 it is vital all parties understand their legal powers, write Clare Murray and Jennifer Ly. In the current climate…
Canadian Labour and Employment Law
COVID Layoffs Can Lead to Employer Liability, Ontario Court Says
By Jennifer Bernardo, Dave Bushuev
Following almost a year of uncertainty, the Ontario Superior Court finally clarified that temporary layoffs during the COVID-19 pandemic can amount to constructive dismissal under the common-law. Ontario employers should…
Achkar Law Blog
Temporary Layoff Considered Constructive Dismissal at Common Law
Almost a year after the Ontario government enacted Ontario Regulation 228/20 – the Infectious Disease Emergency Leave (“IDEL”) under the Employment Standards Act, 2000, S.O. 2000, c.41, the Ontario Superior…
Employment & Human Rights Law in Canada
An Important Ruling for Employers on Constructive Dismissal and the IDEL
By Jeff Tinker
[caption id="attachment_9739" align="alignright" width="300"] Photo by Kelly Sikkema on Unsplash[/caption] At long last, the impact of Ontario’s Infectious Disease Emergency Leave (IDEL) on employee constructive dismissal claims has been litigated.…
Law Times News
COVID-related temporary layoff is constructive dismissal, says Ontario Superior Court ruling
Decision is bad news for employers who laid off workers due to COVID, says employment lawyer
Rudner Law Blog
Breaking Employment Law News: Layoffs are Constructive Dismissals, Even During a Pandemic!
Stuart Rudner here on April 28th, 2021 with breaking employment law news. I’ll get right to the point: a judge of the Ontario Superior Court has confirmed that laying…
Achkar Law Blog
Can You Claim Constructive Dismissal Without Resigning?
In Ontario, a constructive dismissal is when an employer makes a substantial change to the terms of employment without the employee’s consent. If this happens, the employee may treat this…