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Constructive Dismissal

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
Man and woman discussing fixed term employees.
Breaking the Fixed Term! New Koutsikaloudis Case In Alberta

An 18-year teacher who had 1 year contracts was considered an indefinite term employee entitled to severance plus aggravated damages for breach of duty of good faith. Litigated by our very own Sarah Coderre.

3 May 2021
Disgruntled woman receiving improper pay.
Constructive Dismissal Strikes Again! Kosteckyj A Win for Employees (Mostly)

A compensation cut was constructive dismissal, and the timing was the date of the cut.

7 April 2021

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