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Constructive Dismissal

  • Constructive Dismissal

The trouble with unwritten terms: An employee’s right to remote work 

By Allison Buchanan and Anil Nair
  • 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

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Bill C-31: Proposed restriction on non-competition clauses for federally regulated employers

On May 6, 2026, the Government of Canada introduced Bill C-31, Budget 2025 Implementation Act, No. 2 (Bill C-31), which proposes amendments to the Canada Labour Code that would prohibit [...]

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 [...]

Legal updates for Canadian employers: Key tribunal and human rights decisions

Canada: On Friday, March 27, 2026, Dentons’ Employment and Labour team hosted a national session focused on recent human rights and tribunal decisions shaping employer obligations across Canada. As workplace [...]

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