June 8 – Just Cause Terminations
Date: June 8, 2022 Time: 9:00 AM PT Speaker: Anthony Panacci Click Here to Register Employers have a very high bar to meet when terminating for “just cause”. This has left employers asking the […]
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How Do You Know If It Is Constructive Dismissal?
Date: April 20, 2022 Time: 9:00 AM PST Speaker: Teri Treiber & Tessa Green How Do You Know If It Is Constructive Dismissal? Constructive dismissal occurs where the employer demonstrates an intention to no longer […]
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Even Innocent Mistakes Can Lead to Punitive Damages
In Moffatt v Prospera Credit Union, 2021 BCSC 2463, Ms. Moffatt commenced an action against her former employer, Prospera Credit Union (“Prospera”) for wrongful dismissal. She had been terminated without cause. Prior […]
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Canada Emergency Response Benefit: To Deduct Or Not To Deduct
The Canada Emergency Response Benefit ("CERB") provided financial support to employed and self-employed Canadians who were directly affected by COVID-19. The CERB was available to workers: residing in Canada, who […]
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Raising Health And Safety Concern Real Motivation For Terminating Worker For “Poor Fit” During Probationary Period
A recent decision[1] by the British Columbia Workers’ Compensation Appeal Tribunal (“WCAT”) upheld a Workers’ Compensation Board (the “Board”) decision that determined an employer’s termination of a worker during her probationary period for […]
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Reprisals Complaint Response Questionnaire
A prompt and effective response is vital when employees file a complaint accusing your company of retaliation or taking reprisals against them for engaging in protected activity. The first step […]
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How Can Cineplex and Other COVID-Affected Companies Afford Mass Layoffs?
Because people in Ontario can’t go to the movies right now, Cineplex Inc. had to temporarily lay off nearly 5,000 part-time employees. Countless other employers affected by the draconian new […]
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Is There a Legal Duty to Protect Employees’ Mental Health? – Ask the Expert
Failure to furnish a psychologically safe workplace can lead to liability under many laws. QUESTION I want to implement a mental wellness policy at our company but need to convince the CFO […]
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Workers Comp Bars Assault-Based Constructive Dismissal Lawsuit
A lab chemist slammed a female co-worker in the arm with her fume hood window, causing a bruise. The chemist claimed the hood was too far open and that he […]
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Harassment Constructive Dismissal Occurs on Last Work Day, Not Resignation
When did the 2-year statute of limitations begin to run for an employee to file her constructive dismissal claim for workplace harassment? The employer claimed it began running on July […]
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Hotel Employees Laid Off Due to COVID-19 File Class Action Lawsuit
Beware of class action lawsuits by employees laid off during the COVID-19 pandemic. This case was filed by hourly rate hotel employees who claim they were constructively dismissed and thus […]
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COVID-19 Recalls & Constructive Dismissal Risks
When do employment restructuring changes cross the line? Many organizations are calling employees back to work; but in many cases, the new terms of employment are less favourable to the employee. […]
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Workers Comp Doesn’t Bar Harassment-Based Constructive Dismissal Claim
Less than 2 months after an Ontario arbitrator ruled that the workers comp bar against employees suing their employers for work injuries doesn’t apply to constructive dismissal for harassment, an […]
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COVID-19: Updates on Work Agreements, Safety & Constructive Dismissal Claims
The COVID-19 pandemic, among other things, has been a huge experiment in the efficiency and effectiveness of telecommuting. Currently, more than 3x as many Canadians are working from home (at […]
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Workers Comp Doesn’t Bar Harassed Employee’s Constructive Dismissal Lawsuit
Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s at fault. But does this “historic tradeoff” also mean […]
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Ending Telecommute Arrangements Without Committing Constructive Dismissal
65% of employees working remotely during the pandemic want to keep doing so 58% of these employees say they'll look for a new job if their employer tries to […]
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Impact Of COVID-19 On The Reasonable Notice Period
In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship, unless there is […]
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Employee Probation in Court
In its recent Dalton vs. Fraser Valley Fire Protection Ltd., 2021 BCPC 146 decision, the BC Provincial Court awarded three months’ reasonable notice to an employee who was dismissed from […]
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Creating Effective Employment Contracts that Protect your Company’s Resources and Future Business Prospects
Date: September 29, 2021 Time: 9:00 AM - 10:30 AM PDT Speaker: Lisa Goodfellow Register Here to register for this webinar. Use discount code "HRIVIP21" to attend for free. “Find out how a good contract […]
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Opportunity Knocks: Court Awards Damages for Loss of Opportunity in Wrongful Dismissal
Wrongful dismissal claims generally attract three types of damages: compensation in lieu of notice, general damages (including aggravated and punitive damages); and special damages (which can include items such as […]
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Ontario Court Shocker Opens Door to Harassment-Based Constructive Dismissal Claims
Workers comp doesn’t bar constructive dismissal for harassment, court says. Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s […]
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Court Quashes WSIAT Stress Decision and Allows Constructive Dismissal Case to Proceed
Historically, workers’ compensation law placed a highly restrictive definition on traumatic mental stress injuries, which meant as a practical matter very few stress claims would ever be allowed. However, successful […]
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Can Temporary Layoffs Due To COVID-19 Be Considered Constructive Dismissal?
During the COVID-19 pandemic, all Canadian provinces and territories declared a state of emergency and implemented strict measures to help curb the spread of the virus. Consequently, many businesses were […]
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Does A COVID Leave Trigger Constructive Dismissal? Third Case Further Muddies The Waters
A couple of weeks ago, we wrote on the decision in Taylor v Hanley Hospitality Inc. ("Taylor"), in which a judge in the Superior Court found that Ontario's Infectious Disease Emergency Leave ("IDEL") did not trigger […]
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Constructive Dismissal In The COVID-19 Era
On June 7, 2021 the Ontario Superior Court of Justice released its second decision in a matter of months interpreting Ontario Regulation 228/20: Infectious Disease Emergency Leave ("IDEL Regulation")1 as it […]
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Constructive Dismissal Scorecard
Lawsuits mushroom as employees are called back to work from COVID layoffs. Many companies are calling employees back to work; but in many cases, the new terms of employment are less […]
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COVID Temporary Layoff Is Constructive Dismissal Worthy of Punitive Damages
A headhunting firm feeling the financial stresses of COVID-19 put a recruiter making $85,000 a year on temporary layoff. The recruiter claimed constructive dismissal; the firm claimed temporary layoff was […]
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COVID-19 Recalls Bring Risk of Constructive Dismissal into Play
The good news is that employers are recalling employees from COVID-19 Siberia; the bad news is that in many cases, the terms of the recall employment are less favourable. Adverse […]
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Ontario Courts Split on Constructive Dismissal Rights of Employees on IDEL
A new Ontario regulation temporarily bars employees placed on infectious disease emergency leave (IDEL) from suing for constructive dismissal. However, a case called Coutinho v. Ocular Health Centre Ltd., (2021) […]
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4th Wave Resources
As Canada transitions from the 3rd wave into a potential 4th wave of the COVID pandemic (primarily due to a rise in the Delta variant), employers are struggling with balancing […]
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