Constructive Dismissal Archives

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

Latest

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).

Frustration of Contract “Occurs as a Matter of Law” and Does Not Require the Employer to Trigger it
July 14, 2020
The Ontario Superior Court confirms frustration of contract “occurs as a matter of law” and does not require an act of the employer to trigger it.

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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

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Executive Termination Settlement avoiding Litigation
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Employment Contract Review - Director of Finances
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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.”