RELATED MATERIALS
Temporary Layoffs and Constructive Dismissal Liability Risks
On one hand, it is clear that temporary layoffs are, in many cases, a constructive dismissal that exposes the employer to potential liability. On the other hand, many people have asserted that this long-standing legal principle should not be applied to the current set of circumstances. More specifically, they assert that it is simply not appropriate to put businesses in the position where they either have to maintain operating costs that they cannot possibly afford or risk even greater liability through a constructive dismissal claim.
Read more here.
Constructive Dismissal Quiz
QUESTION
What are the two steps employees must take if they feel that they are being constructively dismissed by an employer?
Find the answers and a full break down of why it is right by clicking here.
Ending Telecommute Arrangements Without Committing Constructive Dismissal
Many employers regarded telecommuting during the pandemic as a temporary expedient that would end when the public health situation stabilized. But ending these arrangements is proving highly problematic. Having gotten used to working from home, telecommuters don’t want to return to the office. And they may be prepared to quit if you try to make them come back. If they do, they might sue their employers for constructive dismissal. Do they have a case?
Find out here.
ABOUT THE WEBINAR
The third installment of our “Best Of Event” series features the hot topic – How Do You Know If It Is Constructive Dismissal? Presented by Teri Treiber & Tessa Green, this recorded webinar gives an overview of when constructive dismissal arises, what remedies are available to an employee who has been constructively dismissed, and what an employer can do to reduce liability in these situations.
Constructive dismissal occurs where the employer demonstrates an intention to no longer be bound to the employment contract. Since the employee has not been formally dismissed by the employer, the employer’s act is referred to as “constructive dismissal.” This most commonly happens when an employer unilaterally reduces an employee’s pay or benefits or reassigns work duties to such an extent that the essential nature of the employee’s position is altered.
During this recorded webinar, examples of specific employer behavior that may amount to constructive dismissal will be highlighted.
ABOUT THE SPEAKERS
Name: Teri Treiber
Title: Partner
Company: Miller Thomson LLP
Contact Email: ttreiber@millerthomson.com
LinkedIn: Teri Treiber
Teri Treiber is a partner at Miller Thomson LLP’s Calgary office who specializes in labour and employment law. She assists employers with a variety of issues, including employment agreements, collective agreements, workplace policies, human rights, employment standards, privacy, workplace investigations, performance management, employee discipline, terminations, wrongful and constructive dismissal, grievances and arbitrations, and restrictive covenants.
Name: Tessa Green
Title: Associate
Company: Miller Thomson LLP
Contact Email: tgreen@millerthomson.com
LinkedIn: Tessa Green
Tessa is an active member of Miller Thomson’s Labour and Employment and Commercial Litigation groups. Tessa assists employers on a wide range of issues including employment agreements, workplace policies, human rights, employment standards, terminations, wrongful and constructive dismissal, and occupational health and safety. She also has experience appearing before various levels of Court in commercial litigation matters primarily involving contract disputes.
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