5,109
edits
Difference between revisions of "Employment Law Issues (9:V)"
From Clicklaw Wikibooks
Employment Law Issues (9:V) (view source)
Revision as of 13:29, 18 August 2021
, 13:29, 18 August 2021→25. Constructive Dismissal
| Line 824: | Line 824: | ||
The Supreme Court of Canada in ''Dowling v Halifax (City)'', [1998] 1 SCR 22 expressly rejected near cause as grounds for reducing the notice period. This decision has been consistently followed. | The Supreme Court of Canada in ''Dowling v Halifax (City)'', [1998] 1 SCR 22 expressly rejected near cause as grounds for reducing the notice period. This decision has been consistently followed. | ||
=== | === 10. Constructive Dismissal === | ||
In some circumstances, an employer can make fundamental changes to the terms of an employee’s employment in such a way that the employee may be forced to leave their job. This is called “constructive dismissal”, and an employee who is constructively dismissed is entitled to the same benefits as if he were fired without cause. | In some circumstances, an employer can make fundamental changes to the terms of an employee’s employment in such a way that the employee may be forced to leave their job. This is called “constructive dismissal”, and an employee who is constructively dismissed is entitled to the same benefits as if he were fired without cause. | ||
| Line 852: | Line 852: | ||
==== Repudiation ==== | ==== Repudiation ==== | ||
Employees alleging constructive dismissal bear the risk that the court finds they have repudiated their contract of employment by either leaving the workforce or commencing legal proceedings against their employer (or both). If a court finds the employee repudiated the contract (i.e. quit instead of being constructively dismissed) then the employee does not get severance. | Employees alleging constructive dismissal bear the risk that the court finds they have repudiated their contract of employment by either leaving the workforce or commencing legal proceedings against their employer (or both). If a court finds the employee repudiated the contract (i.e. quit instead of being constructively dismissed) then the employee does not get severance. | ||
=== 26. Resignation v. Dismissal === | === 26. Resignation v. Dismissal === | ||
