Tag archives: constructive dismissal

The importance of mobility clauses for Quebec employers

By Xavier Hamel on August 29, 2016 Posted in Canada

In order to meet their organizational needs, employers may need to relocate their employees’ workplace. However, relocating employees can be risky business for employers. The place of work is an important part of an employee’s working conditions. When employers make substantial changes to their employees’ working conditions, said employees can potentially claim that their original … Continue reading

Altering Outdated Job Description & Constructive Dismissal

By Gabriel Granatstein on February 16, 2016 Posted in Canada

Constructive dismissal occurs when an employer substantially alters, without the employee’s consent, an essential term of the employee’s contract of employment. This can give rise to litigation and financial liability for an employer. However, for a unilateral change by an employer to constitute constructive dismissal, the change must be a fundamental one going to the … Continue reading

U.S. Supreme Court to rule on circuit split regarding timeliness of constructive discharge complaints

By Dennis Jackson (US) and Jamila Mensah (US) on October 15, 2015 Posted in Discrimination and harassment, United States

On November 30th, 2015, the U.S. Supreme Court will hear oral arguments in the case of Green v. Donahoe, 760 F.3d 1135, 1137 (10th Cir. 2014) regarding the timeliness of an Equal Employment Opportunity Commission (“EEO”) complaint alleging constructive discharge under Title VII. Currently five circuits have held that the filing period begins when an employee resigns. … Continue reading

Are Probationary Employees Entitled to Reasonable Notice?

By Gabriel Granatstein on September 21, 2015 Posted in Canada, Contracts

Probationary periods serve an important role in ensuring that employers hire the right person for the job, but what are an employer’s legal obligations when terminating a probationary employee? Specifically, if an employer ultimately decides to terminate a probationary employee, is that employee entitled to reasonable notice of his or her dismissal? Unfortunately, there is … Continue reading

Arguing constructive dismissal? Ontario Labour Relations Board sets high threshold for employees

By Gabriel Granatstein on July 6, 2015 Posted in Canada

A decision released last week from the Ontario Labour Relations Board (the “Board”) has re-emphasized the high threshold required to find that the conduct of an employer amounts to constructive dismissal. In the decision of Julie C. Malboeuf v. PR Dental Facility Ltd., Julie Malboeuf brought an application under the Employment Standards Act, 2000 asserting … Continue reading

The employer’s refusal to adapt the employee’s workstation may constitute moral harassment

By Judicaël Fouquet on March 30, 2015 Posted in Discrimination and harassment, Europe, France

The legal context Under French employment law, employers are under a strict duty of care which requires them to ensure the protection of their employees’ health and safety (duty of care), the mere breach of such obligation will trigger their liability even if there is no fault on their part. Such duty of care is … Continue reading

Delayed Promotion Not Constructive Dismissal

By Michael Torrance on August 15, 2014 Posted in Canada

In the recent case of Penteliuk v CIBC World Markets Inc, the Ontario Superior Court held that an employee whose promised promotion was taking longer than expected was not constructively dismissed. The Plaintiff was employed as a Managing Director at a large financial institution. In February of 2004, the Plaintiff turned down a lucrative employment … Continue reading

“You’re fired”…kind of

By guestauthor on October 11, 2013 Posted in Canada, North America

This post was contributed by Kris Israel, Associate, Norton Rose Fulbright Canada LLP (Calgary) When severing the employment relationship without just cause, an employer is faced with a choice. Should the employee be terminated effective immediately with pay in lieu of notice or, alternatively, would it be beneficial to instead provide working notice? The latter … Continue reading

The Labour Court narrows test on review further

By Karen Ainslie (ZA) on October 4, 2013 Posted in South Africa

Disputes relating to the existence of a dismissal are no longer considered to be jurisdictional disputes. As a result, the review of such rulings will be limited to those that are rulings that no reasonable commissioner could make. When a jurisdictional ruling is taken on review, the approach adopted by the Labour Court to date … Continue reading

Temporary Layoff: Will It Always Result In Constructive Dismissal?

By Chris Hunter on August 1, 2013 Posted in Canada

This article was prepared with the assistance of Michael Sherman, summer student, Norton Rose Fulbright Canada LLP (Toronto) What can a company do when hard times mean short-term downsizing? That was the question answered by the Ontario Superior Court of Justice in Trites v Renin Corp, 2013 ONSC 2715. Trites saw an established accounting firm, … Continue reading