In my last post, which you can find here, I wrote about section 7 of O. Reg. 228/20 entitled Infectious Disease Emergency Leave (the “IDEL Regulation”) and how it affects an employee's claim for constructive dismissal. Section 7 of this Regulation of the Employment Standards Act, 2000 (the “ESA”) states: (1) The following does not constitute constructive dismissal if … Continue reading COVID-19 – Constructive Dismissal Update Revisited
As many employers are aware, not long after the start of the pandemic, the provincial government enacted legislation to preclude employees from advancing a claim of constructive dismissal based on a temporary lay-off prompted by COVID-19. More information on constructive dismissal can be found here. Specifically, the government passed O. Reg. 228/20 entitled Infectious Disease … Continue reading COVID-19 – Constructive Dismissal Update
Quite often, when I am asked by a client to review a severance package, the entitlement to a bonus is an important factor. In some cases, the employer historically pays a bonus, which varies in amount from year to year, but is entirely gratuitous with no connection whatsoever to the performance of the employee or … Continue reading I Have Just Been Let Go. What Happens To My Bonus Now?
As of May 29, 2020, the Ontario government has altered the law on constructive dismissal. In Farber v. Royal Trust Co., the Supreme Court of Canada describes a constructive dismissal as “a fundamental or substantial change to an employee’s contract of employment.” In its subsequent decision in Potter v. New Brunswick Legal Aid Services, the Supreme Court further explains … Continue reading COVID-19: Legislative Changes to Constructive Dismissal
How would you feel if you had the benefit of working from home for many years, only to have your employer tell you that you are no longer able to do so and must work from the head office instead?
Mergers and acquisitions of companies and their assets occur on a regular basis. Sometimes the entire company is acquired by way of a purchase of the shares. At other times, only the assets of the company are purchased, leaving ownership of the company intact. From an employee's point of view, this distinction can be important … Continue reading What will happen to my job now that the business has been sold?
A constructive dismissal action can be a risky undertaking. Part of the problem is in satisfying the test for a constructive dismissal. The Supreme Court of Canada set out this test in its decision in Farber v. Royal Trust Co., that is, "a fundamental or substantial change to an employee's contract of employment." A change in … Continue reading Potter v. New Brunswick Legal Aid Services: Constructive Dismissal Update
The Ontario Court of Appeal's decision in Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419, is an excellent example of the consequences that can follow from failing to handle claims of workplace harassment and abuse carefully. Facts of the Case Meredith Boucher started working for Wal-Mart in 1999. After 9 years, she rose to the position … Continue reading Time to Take Workplace Harassment and Abuse Seriously
One of the realities of running a business is that sometimes an employee's role has to change in order to ensure the efficient operation and, in some cases, the survival of that business. Unfortunately, despite an employer's well-meaning intentions, this kind of business decision can result in liability for constructive dismissal. This was the situation … Continue reading Farwell v. Citair, Inc.: Constructive Dismissal by Demotion