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Constructive Dismissal

"Can An Employer Suspend A Non-Union Employee?"

Shane Smith, a lawyer at Miller Thomson, has written an article entitle, "Can An Employer Suspend A Non-Union Employee?" (April 25, 2005).

The article points to the decisions in Reininger v. Unique Personnel Canada Inc., [2002] O.J. No. 2826, and Hussey v. Canadian Pacific Hotels Corp., [2004] N.J. No. 152 for the proposition that:

...in workplaces where there is a history of suspending employees as a disciplinary tool, or where policies exist which indicate that suspensions may be used, the Courts have been inclined to find an implied power to suspend.

"Common Employment Pitfalls Facing Technology Companies"

David Little, a lawyer at Fraser Milner Cagrain, has written a newsletter article entitled, "Common Employment Pitfalls Facing Technology Companies" (October 2003).

"Courts Expanding The Consequences of Harassment"

The lawyers at Sherrard Kuzz LLP in Ontario have written an article on "Courts Expanding The Consequences of Harassment" (June 2003) for their Employment and Labour Law Update publication.

"Discipline and Discharge In Quebec At the Birth Of The New Millenium"

Jurisdiction: - Quebec

Quebec lawyer Theodore Goloff has written a comprehensive employment law paper entitled, "Discipline and Discharge In Quebec At the Birth Of The New Millenium" (undated).

The paper's Preface reads as follows:

Canada's constitution divides responsibility with respect labour relations and some areas of employment law between the federal and provincial parliaments. Unlike the U.S., the presumptive jurisdiction in labour and employment is provincial, not federal, and this whether the employer opera tes nationally or not. Because property and civil rights are assigned by the Canadian constitution to provincial jurisdiction, the law of contract, and per force the laws that govern the making, enforcement and termination of employment contracts are governed by the laws of the province in which the matter arises.  read more »

"Ontario Court of Appeal Finds Manager’s Unreasonable Criticism to be a Constructive Dismissal"

Janice Payne and Sonia Virc at Nelligan O'Brien Payne LLP in Ontario have written an article entitled,"Ontario Court of Appeal Finds Manager's Unreasonable Criticism to be a Constructive Dismissal".

The article was originally published in the Executive Employment Newsletter - Volume VIII, No. 1, 2001) and addresss the decision in Shah v. Xerox, 2000 CanLII 2317 (ON C.A.)