Blog

Constructive Dismissal

EE Constructively Dismissed, Didn’t Resign, No Just Cause

In G Force Oilfield v Winter, 2022 (AB ESA), constructive dismissal was found despite evidence the employee resigned amidst a spat with his boss

23 January 2023
Worker that has been injured and harassed by his employers
Mega Damages in Constructive Dismissal Case Involving Violence

In Osmani v Universal Structural Restorations, 2022 ONSC 6979, an employee was punched in the testicles and awarded damages against manager and employer

20 December 2022
Can I Record That? Admissibility of Recordings in Employment Cases

In Rooney v GSL Chevrolet, 2022 ABKB 813, an employee secretly recorded a meeting. The Court ruled it was admissible evidence.

13 December 2022
ABPC: Business Sale, Dismissal and Non-Solicit All In One Case!

In Eyford v Precision Forensics, 2022 ABPC 242, the Alberta Provincial Court found the employee was wrongfully dismissed and didn’t breach his non-solicit

5 December 2022
Old Evidence Not Barred By Limitations In Constructive Dismissal

In HFX Broadcasting v Cochrane, 2022 NSCA 67, an employer failed to have old evidence of harassment disallowed in constructive dismissal case

21 November 2022
Employee Refusing Mask Put on Leave = Not Constructive Dismissal

In Benke v Loblaw Companies, 2022 ABQB 461, an employee who refused to wear a mask was put on unpaid leave but it was not constructive dismissal.

18 July 2022
Short Time To Decide On Constructive Dismissal: ABCA

In Kosteckyj v Paramount, 2022 ABCA 230, the Alberta Court of Appeal determined that the employee waited too long to reject a compensation change.

4 July 2022
Nurse standing with a man and woman discussing medical issues
Employees Injured By Vaccination Have Options for Govt Support!

For employees who are required to get vaccinated for their job, in the unlikely event they are injured by the vaccine, there are options for coverage.

7 October 2021
Two men discussing the constructive dismissal of an employee.
Resignation or Constructive Dismissal? Anton Pillar Overturned

Secure Resources v Wilson is a new Alberta case where the court overturned an Anton Pillar + injunction because the employer had not disclosed all the facts in court.

21 September 2021
A woman who is stressed out because of covid-19 lay-offs and dismissals
The Fogelman Case Affirms: COVID Lay-off is Constructive Dismissal

New Fogelman case our of Ontario says that a COVID lay-off is a constructive dismissal, making that the prevalent Canadian position in this developing area.

13 July 2021
Two men discussing the constructive dismissal of an employee.
Constructive Dismissal + Defamation! Thibert Case

ABCA awards 9 months’ notice for 6.5 month employee induced to join, plus aggravated damages and damages for defamation.

21 June 2021
Employer Not Allowed to Play Dumb on Resignation
COVID Layoff Still Constructive Dismissal? – Ristanovic Case

Ristanovic Case in Ontario finds that COVID-19 Layoff was Constructive Dismissal.

17 May 2021

Contact Us

Suite #1240, 540 – 5 Avenue S.W.
Calgary, Alberta T2P 0M2
Call Now: 587-391-7601

EMAIL US A QUESTION

  • This field is for validation purposes and should be left unchanged.