Constructive Dismissal

Constructive dismissal occurs when an employee resigns from their job due to a fundamental breach of their employment contract by the employer. This breach might involve changes in job responsibilities, working conditions, or compensation that make the job untenable or create a hostile work environment. HR professionals need to be aware of constructive dismissal issues to ensure that employment contracts are upheld and to prevent potential legal disputes. It is crucial to address employee concerns, investigate claims, and attempt to resolve issues amicably, as failing to do so can lead to legal consequences and damage the organization’s reputation. HR’s role is to navigate such situations delicately, balancing the interests of both employees and the organization to find equitable solutions.

Ending Telecommute Arrangements Without Committing Constructive Dismissal

65% of employees working remotely during the pandemic want to […]

Constructive Dismissal Scorecard

Lawsuits mushroom as employees are called back to work from […]

13 Constructive Dismissal Pitfalls to Avoid

Managing the liability risks of downsizing and corporate restructuring. As […]

Additional Tools, Insight & Solutions Search

CAPSA Guideline No. 10: New Risk Management Guideline For Plan Administrators

On September 9, 2024, the Canadian Association of Pension Supervisory […] Search for: Login [...]

Key Workplace Takeaways From 2024 And What To Know For 2025

As holiday fanatics, our team has had a countdown to […] Search for: Login THIS INSIGHT IS [...]

Canada’s Department Of Finance Releases 2024 Fall Economic Statement With Impacts To Pensions

On December 16, 2024, the Department of Finance published the 2024 […] Search for: Login [...]

Fighting Against Forced Labour And Child Labour In Supply Chains Act: Further Updated Guidance From The Minister

On November 15, 2024, Public Safety Canada (PSC) updated its guidance (the […] Search for: [...]

Ontario, Canada Government Introduces Bill 229 – Working For Workers Six Act, 2024

If passed, Bill 229 would amend the ESA to add […] Search for: Login THIS INSIGHT IS FOR [...]

Summary Of Proposed Amendments To The Saskatchewan Employment Act

The Government of Saskatchewan has recently announced plans for various […] Search for: [...]

Working For Workers Four: ‘Artificial Intelligence’ Disclosure Requirement

On March 21, 2024, the Working for Workers Four Act, 2024 (Bill […] Search for: Login THIS [...]

Wrongful Dismissal + Streamlined Trials: A Year In Review

Alberta's streamlined trial rules aimed to simplify legal processes, but […] Search for: [...]

Termination Clauses Under The Microscope And Other Cautions

In 2011, Justice Wailan Low famously commented that there should […] Search for: Login THIS [...]

Ontario Invites Comments On Proposed Changes To Employment Standards Act, 2000 Leave Provisions

On December 3, 2024, Ontario's government announced that it is […] Search for: Login THIS [...]

Legal Precedent On Restrictive Covenants In Employment Agreements—A Case Study

Employee restrictive covenants are often a contentious issue, especially when […] Search [...]

Employers Emerge Victorious In Rule 21 Motion Regarding The Enforceability Of An ESA-Minimum Termination Clause

In Bertsch v Datastealth Inc, the Superior Court confirmed the enforceability of […] Search [...]

Dufault And The Interpretation Of Termination Clauses: Navigating The Impact Of Hypothetical ESA Breaches In Ontario Case Law

The Court of Appeal for Ontario ("ONCA") will hear the […] Search for: Login THIS INSIGHT IS [...]

Go to Top