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Constructive Dismissal

  • Constructive Dismissal

BC Supreme Court rules unpaid leave of absence for unvaccinated employee was not a constructive dismissal

By Andy Pushalik and Rachel Akinyemi
  • Constructive Dismissal
  • Employment Standards
  • General
  • Wrongful Dismissal

I’m still standing – Judicial review of labour arbitration decisions

By Russell Groves and Fatimah Khan
  • Constructive Dismissal
  • Employment Standards
  • General
  • Wrongful Dismissal

Employer success: Ontario Superior Court confirms enforceability of ESA minimums termination clause during a Rule 21 motion

By Maggie Sullivan and Catherine Coulter
  • Constructive Dismissal
  • Privacy
  • Workplace investigations
  • Wrongful Dismissal

Privilège dans le cadre d’enquêtes menées en milieu de travail : le « spectre de la divulgation forcée »

By Victoria Merritt
  • Constructive Dismissal
  • Privacy
  • Workplace investigations
  • Wrongful Dismissal

Privilege in workplace investigations: The “spectre of compelled disclosure”

By Victoria Merritt
  • Constructive Dismissal
  • General
  • Workplace investigations
  • Wrongful Dismissal

Can employees be terminated “for any reason,” but not “at any time”?

By Julia Dales and Catherine Coulter
  • Constructive Dismissal
  • COVID-19
  • General

British Columbia Supreme Court: Unpaid leave following refusal to comply with mandatory vaccination policy is not constructive dismissal

By Victoria Merritt and Rachel Au
  • Constructive Dismissal
  • COVID-19
  • General

No answer yet: The Ontario Court of Appeal declines to determine whether an IDEL layoff amounts to constructive dismissal

By Catherine Coulter and Emily Kroboth
  • Constructive Dismissal
  • Employment Standards

Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

By Matthew Curtis
  • Constructive Dismissal
  • Employment Standards

Sale of a Business is Not Constructive Dismissal

By Marie-Noël Massicotte
  • Constructive Dismissal

SCC Says Suspension with Pay can Amount to Constructive Dismissal

A non-unionized employee on an indefinite suspension with pay successfully claimed that he was constructively dismissed by his employer and […]

By Matthew Curtis
  • Constructive Dismissal
  • Wrongful Dismissal

Enforcing contracts: The importance of careful implementation

In the Ontario Divisional Court decision of Simpson v Global Warranty[1], the issue was the application of a specific termination […]

By Benjamin Iscoe

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Working for or against you: Copyright ownership and the “course of employment”

Without explicit provisions in employment agreements, employers risk employees retaining copyright in works they create, even when employees secretly develop a competing product. Employers presumptively own copyright in works made [...]

Employment and Labour Law: 2025 Year in Review and Future Trends

The Canadian labour and employment law landscape continued to evolve in 2025 with important developments in wrongful dismissal litigation and human rights. In addition, Canadian legislators introduced new laws intended [...]

A review of landmark decisions in employment and labour law rendered in Québec in 2025

The year 2025 saw several significant judicial decisions shaping the landscape of labour and employment law. In the following pages, we present the key highlights from a dozen rulings by [...]

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