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Constructive Dismissal

The definition of "constructive dismissal"

Constructive dismissal claims are often asserted but perhaps not well undertand. This begs the question: What is the definition of a constructive dismissal?

In the leading case of Farber v. Royal Trust Co. [1997] 1 S.C.R. 846, the Supreme Court of Canada defined constructive dismissal as follows:

In cases of constructive dismissal, the courts in the common law provinces have applied the general principle that where one party to a contract demonstrates an intention no longer to be bound by it, that party is committing a fundamental breach of the contract that results in its termination.  read more »

Constructive dismissal not found where employee waited 2 years to accept employer's repudiation of the contract

Jurisdiction: - British Columbia
Sector: - Forestry

In ruling that the 59 year-old management employee in Robertson v. West Fraser Timber Co. Ltd., 2009 BCSC 602, was not constructivley dismissed the BC Supreme Court made the following findings:  read more »

When does a cut in remuneration amount to constructive dismissal?

Jurisdiction: - British Columbia

At what point can a reduction of an employee's remuneration be considered a fundamental breach of the employment contract and the basis of a constructive dismissal?

In the recent decision of Pavlis v. HSBC Bank Canada, 2009 BCSC 498, the BC Supreme Court reviewed this issue, finding that in previous cases:     read more »

"Managing Flexibility in the Workplace While Avoiding Constructive Dismissals"

Jurisdiction: - British Columbia

A lawyer with Clark Wilson LLP in Vancouver has written a paper entitled, "Managing Flexibility in the Workplace While Avoiding Constructive Dismissals (2008)". She ends her paper with a list of "Helpful Hints" for employers when restructuring.

"The Limits of the Application Game - Why Employee Privacy Matters"

Jurisdiction: - Canada/Federal - Ontario

"The Limits of the Application Game - Why Employee Privacy Matters" (2008) is the title of a paper written by Dan Michaluk,

Mr. Michaluk is a lawyer at Hicks Morley Hamilton Stewart Storie LLP in Ontario.

Although, as Mr. Michaluk states, there is an apparent privacy rights "gap" in Ontario employment law, he uses the paper to: describe the various sources of employee privacy rights in five parts:

  1. rights in privacy statutes;
  2. human rights and privacy statutes;
  3. privacy regulation in other statutes;
  4. contractual privacy rights; and
  5. the privacy tort.

His intent in writing the paper is to:

...illustrate that privacy rights are rooted in many sources, that there are risks of newly-developing sources of employee privacy rights and, overall, that employee privacy does matter.