The Ontario Superior Court has ruled that an employee who continued to work for 15 months following a change in his terms and conditions of employment had not condoned the change and could claim damages for constructive dismissal. Read more about this surprising decision and key lessons for employers to learn in our Latest Update.
Jeremy D. Schwartz / About Author
Related Posts
Review Court Bars Wrongful Dismissal Claim Post-ESA Claim
Ontario’s Divisional Court has overturned a lower court decision, finding instead that an employee could not pursue a wrongful dismissal…
28 Oct 2013
Make Sure Pre-Employment Screening is Complete Before they Start
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Hussey v. Big Brothers Big Sisters of Peterborough Incorporated (“BBBS”), is…
29 Jan 2013
Significant OHSA Amendments Slated for 2022
Date: Mar 28. 2022 The Ontario Government has proposed significant legislative changes that may impact how accident investigations and enforcement…
28 Mar 2022
Class Action Employment Lawsuit Filed Against Canadian Hockey League
Hot on the heels of the announcement of the recent MOL enforcement blitz, a freshly filed statement of claim in…
20 Oct 2014
Putting on the Brakes: The Limits of the Common Employer Doctrine
One of the more deceptively complex questions in some cases can be: Who is the employer? Many businesses and organizations…
10 Jun 2016
Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay
A recent WSIAT decision considered the question of the impact of payments received by a worker receiving loss of earnings benefits upon…
24 Apr 2014
2014 Q1 StringerLLP HR Law Webinar, Segment 4: Employment Class Action Update
Landon Young discusses a recent wrongful dismissal class action lawsuit and the potential impact on employment litigation
22 Apr 2014
Court Precludes Terminated Employee from Relying on Employer’s Apology
In April of 2009, a little known law called the Apology Act (the “Act”) entered into force. A very short act, it primarily…
17 Sep 2015
Jurisdictional disputes in employment contracts
In this electronic age, many employers will make offers of employment via email. When the offer is being made to…
06 Mar 2014
Employer Hit Hard for Discontinuing Disability Benefits Shortly After Termination
Employers who only provide the minimum amounts required by employment standards legislation after termination are gambling. Sometimes this approach can…
20 Oct 2011
Working Notice Inappropriate for Employees Who Cannot Work
The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have…
19 Dec 2017
2014 Q3 StringerLLP HR Law Webinar, Segment 2: Landmark Employment Contract Decision
Jeff Murray discusses a recent landmark contract decision from the Supreme Court of Canada
14 Oct 2014
When is a lay-off actually a termination?
Employers in Ontario must be cautious before implementing “temporary” layoffs. Unless the employee and employer have a clear and valid…
14 Dec 2011
Mitigating by returning to work: it depends on the circumstances
When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be…
02 Jun 2017
Embracing the #MeToo Movement
#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment,…
18 Sep 2019