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Layoffs and Constructive Dismissal

Navigating the intricate landscape of employment law can be a daunting task, especially when it comes to layoffs and the delicate issue of constructive dismissal. In Ontario, where workers’ rights…

Can an Employer Profit From Treating Employees Unfairly?

What will the Supreme Court of Canada say about employers’ good faith obligations to employees and how it applies to circumstances where an employee is forced to leave their employment? …

Sultan Lawyers on Dismissal Pt. 5: When Can I Claim Constructive Dismissal as a Result of Workplace Harassment?

Workplace harassment, violence or bullying are serious issues that affect many workplaces. So what happens when an employer fails to put an end to abusive conduct in the workplace and…

My Employer Reduced My Salary, Can I Claim Constructive Dismissal?

An employee’s salary is generally a fundamental component of an employee’s contract, and an employer cannot unilaterally change a fundamental term of employment in a contract without being at risk…

Sultan Lawyers on Dismissal Pt. 3: The Difference Between Wrongful and Constructive Dismissal

You may be aware of two common terms often used to describe the actions of an employer who violates the rights of an employee at the time of the termination…

When is an Employer Liable for the Actions of a “Rogue” Employee?

There are times when one employee can act so improperly as to cause the harassment and/or departure of another employee. These situations are often referred to as an employee going “rogue”. …

Sultan Lawyers on Dismissal Pt. 2: Pay Cuts and Constructive Dismissal

Refresher on Constructive Dismissal Constructive dismissal occurs when conduct or requirements made of an employee are so at odds with the employee’s job that such conduct/requirements amount to a fundamental…

Termination & the Duty to Mitigate: Five Frequently Asked Questions

If an employee chooses to file a claim for wrongful dismissal or constructive dismissal against their former employer, a court will generally examine the efforts made by the former employee…

When the Duty to Mitigate is Expensive: Employer Ordered to Pay $45,000

The duty of an employee to mitigate damages after a termination of employment operates to help reduce the period of unemployment or underemployment over which the former employer may owe…