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Alberta Court of Appeal

Sexual harassment allegations not supported but abusive behaviour by manager led to constructive dismissal

In Cooke v. HTS Engineering Ltd., 2009 CanLII 73907 (O.N.S.C.), the court found that the former employee's allegations of sexual harassment were not supported, but that the manager's abusive behaviour supported a finding of constructive dismissal.

By way of contrast, in a recent decision out of Alberta - Pawlett v. Dominion Protection Services Ltd., 2008 ABCA 369 - the Alberta Court of Appeal upheld the trial judge's decision that sexual harassment by the boss led to a constructive dismissal. 

Use of professional corporation did not result in employee becoming independent contractor

Jurisdiction: - Alberta

Therrien v. True North Properties Ltd., 2009 ABCA 44, upholding 2007 ABQB 312