Constructive Dismissal Archives

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April 17, 2023

Ron Minken interviewed by Canadian HR Reporter, April 17, 2023: “Constructive Dismissal Post COVID-19 – Pitfalls for Employers to Avoid”

Unpaid Leave of Absence Due to Refusal to Vaccinate – Constructive Dismissal?

December 16, 2022

A question many have raised is whether or not putting unvaccinated employees on an unpaid leave constituted constructive dismissal.

What is Constructive Dismissal?

September 28, 2022

Constructive dismissal is when there has been a unilateral and fundamental change to the workplace that is not condoned by the employee.

Mandatory COVID-19 Vaccination Policy Required and Reasonable?

December 6, 2021

The Occupational Health & Safety Act does not require all businesses to implement a mandatory COVID-19 vaccination policy.

Infectious Disease Emergency Leave extended to January 1, 2022
October 3, 2021
Ontario has extended the Infectious Disease Emergency Leave to January 1, 2022, which was previously expected to end on September 25, 2021.

Vaccination Policies and Your Workplace: Critical Considerations!
August 29, 2021
The Ontario Government is requiring all employers in select industries to implement a vaccination policy by September 7, 2021.

Is a Lay-off During COVID-19 Still Constructive Dismissal?
May 31, 2021
The Superior Court of Ontario ruled an employee who experienced a lay-off during COVID-19 was constructively dismissed when she was on temporary lay-o Read More...

Supreme Court of Canada affirms bonus entitlement for terminated employees
February 22, 2021
In a blow to employers, our nation’s highest court ruled that an employee is entitled to compensation under a Long Term Incentive Plan (LTIP).

“Minken & Associates proved to me that not all law firms are the same.” - Z.B.

“Your expertise in cases such as mine was well worth the investment.” - S.S.

“It is always a pleasure dealing with professional companies and yours sets the bar to new heights.” - A.S.

“You are an excellent ambassador to your profession” - L.P.

“83% improvement in the offer value.” - D.R.

“Thank you all again for the outstanding job!” - S.B.

“I credit Mr. Minken and the help he provided for keeping my employment situation intact.” - A.C.

“…welcoming atmosphere right along with the extremely professional service and guidance...” - M.S.

“Several issues, both monetary and otherwise, were resolved, without dispute, to my satisfaction.” - B.R.

“Increased my severance package by 300%! Fantastic result!” - M.E. Read More…

Newmarket Chamber of Commerce
“Throughout the seminar, you and your team, thoroughly reviewed and explained the new requirements under Bill 168 and clarified many of the questions that our members had on this new and confusing piece of legislation, including the issue of Assessments on Violence in the Workplace. We thank you again and look forward to future speaking engagements that you are able to provide to our members.”
- Debra Scott, President & CEO, Newmarket Chamber of Commerce

“Mr. Minken, you are an excellent ambassador to your profession.” - L.P.

Law Firm
“Minken has produced favourable results for our firm in every case that they have handled for us. Ron's advice in handling various employment matters has resulted in substantial financial savings to our firm. Minken truly goes the "extra mile" in providing superior service.”

Executive Termination Settlement avoiding Litigation
“Your efforts and expertise have significantly increased the overall value of the settlement provided to me. Your involvement not only increased the monetary value of the settlement but also served to ensure that several other issues, both monetary and otherwise, were resolved, without dispute, to my satisfaction.” - B.R.

Employment Contract Review - Director of Finances
“I would like to thank Mr. Minken for his help in reviewing my employment contract. I found that he was very informative in providing me with his expert knowledge on matters pertaining to my situation and advising me appropriately. I found that he went above and beyond what I expected, and I greatly appreciate his help. I would highly recommend his services to other people and have already done so.” - G.L.

“Ron, I want to thank you for the excellent job that you did as a mediator in our recent case. Your neutral but effective approach assisted with defusing the tension in the litigation and assisted the parties in appraising the case realistically and practically. It is precisely what I want in a mediator - and too seldom experience.” - Howard Levitt, Levitt LLP

International Charity (Non-for-Profit) Organization with Unionized and Non-Unionized employees
Minken Employment Lawyers has assisted Canadian branch with grievances and labour issues, advising us with respect to our Collective Agreement, drafting employment contracts and advising with respect to ensuring the employment contracts will be upheld in Court, advising and strategizing with respect to terminations and exit packages, as well as various policies and practices relating to employee matters both locally and abroad.”