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Constructive Discharge

200 published works

  1. Achkar Law Blog

    OLB Clarifies Constructive Dismissal and Harassment Claims

    By Christopher Achkar

    In a recent decision, the Ontario Labour Relations Board dismissed a constructive dismissal application brought by a former supervisor at Metrolinx, finding the employee had voluntarily resigned rather than being…

  2. Achkar Law Blog

    Involuntary vs Voluntary Resignations

    By Christopher Achkar

    Voluntary and involuntary resignations are not the same. These legal concepts may make a big difference when it comes to the entitlements of employees.The manner by which a resignation occurs…

  3. Achkar Law Blog

    BC President Was Constructively Dismissed After Suspension

    By Christopher Achkar

    In Day v. Tahltan Central Government, 2025 BCSC 1363, the Supreme Court of British Columbia ruled that Chad Day, the elected President of the Tahltan Central Government (TCG,) was constructively…

  4. Achkar Law Blog

    Constructive Dismissal Explained

    By Christopher Achkar

    Constructive dismissal, also called constructive termination, happens when an employer does not fire an employee outright, but instead makes changes to the job that are so significant they effectively force…

  5. Global Workplace Insider

    Constructive Dismissal by Neglect: Lessons from the Makombe Case

    By Jason Whyte, Frances Barker

    On 28 March 2025, the Labour Court delivered its decision in Makombe v Cape Conference of the Seventh-day Adventists.  The court held that the claimant pastor was constructively dismissed –…

  6. Government Contracts Featured Insights

    Doctrine of Constructive Termination in Federal Contracts

    By Sareesh Rawat

    Most aptly described as a legal fiction, the doctrine of constructive termination is invoked when the basis upon which the government contract was actually terminated is legally inadequate to justify…

  7. Rudner Law Blog

    When a Hostile Work Environment Becomes Constructive Dismissal

    By Alex Minkin

    A toxic workplace culture isn’t just bad for morale, it can also create significant legal risk for the employer. In the recent case of Kennedy v. Kingston Area Taxi Licensing…

  8. Achkar Law Blog

    Constructive Dismissal in British Columbia Explained

    By Christopher Achkar

    Losing your job is not always the result of being explicitly fired. In British Columbia, when an employer makes significant and unilateral changes to an employee’s job, the law may…

  9. Achkar Law Blog

    Mishandled Leaves Could Cost Employers: Insights of BC Decision

    By Christopher Achkar

    A recent case from the Supreme Court of British Columbia offers a powerful warning to employers across the country, including in Ontario: if you fail to follow your workplace policies…

  10. Employment & Human Rights Law in Canada

    Oops, You Might’ve Fired Them: A Constructive Dismissal Reality Check

    By Tiffany Thomas

    When we meet with employers regarding a needed change or a tough new situation at work, we often find that mention of constructive dismissal can really catch employers off guard.…