Topic
Constructive Discharge
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Achkar Law Blog
OLB Clarifies Constructive Dismissal and Harassment Claims
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…
Achkar Law Blog
Involuntary vs Voluntary Resignations
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…
Achkar Law Blog
BC President Was Constructively Dismissed After Suspension
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…
Achkar Law Blog
Constructive Dismissal Explained
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…
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 –…
Government Contracts Featured Insights
Doctrine of Constructive Termination in Federal Contracts
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…
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…
Achkar Law Blog
Constructive Dismissal in British Columbia Explained
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…
Achkar Law Blog
Mishandled Leaves Could Cost Employers: Insights of BC Decision
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…
Employment & Human Rights Law in Canada
Oops, You Might’ve Fired Them: A Constructive Dismissal Reality Check
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.…