Constructive dismissal occurs when an employer fails to meet the fundamental responsibilities of the work relationship to such an extent that an employee is entitled to regard the employer's conduct as a breach that goes to the root of the contract and claim constructive dismissal . We will look at some recent cases to get a sense of what the " winning formula " is. Topics Will be Covered in This Post: The Legal Test for Constructive Dismissal - A Quick Recap Successful Constructive Dismissal Cases Demotion/Change in Responsibilities Suspension without pay Employer’s Unilateral Change of Oral Promise Poisoned work environment Temporary layoff without a contractual right Change to remuneration Conclusion 1. The Legal Test for Constructive Dismissal - A Quick Recap As established in Potter v New Brunswick Legal Aid Services Commission , 2015 SCC 10, the Supreme Court of Canada stated that there are two branches for constructive dismissal claims , sati...

Some have under-estimated the Ontario Health and Safety Act (OHSA) and regarded it as "all bark and no bite". But they are HUGELY mistaken. Ever since Tandy Electronics Ltd.(Radio Shack) v.USWA , 1980 CanLII 1738 (ON SC), it is accepted that the Ontario Labour Relations Board (OLRB)’s remedial arsenal includes the awarding of damages to employees for violation of a statutory prohibition, subject only to the caveat that such be compensatory and not punitive . Topics Will be Covered in This Post: What is Termination in Reprisal And How to Complain About it? What Damages Are Available if An Employee has been Terminated in Reprisal? Reversed Burden of Proof Damages available for A Termination in Retaliation Reinstatement Loss of Employment Loss of Wages Mental Distress Cases to Demonstrate the Principles Above Brenda Bastien v 817775 Ontario Limited (Pro-Hairlines) Thompson v 580062 Ontario Inc (Slainte Irish Gastropub) Conclusion 1. What is Terminat...