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Constructive Dismissal

  • Constructive Dismissal

Rétrogradation et congédiement déguisé : jusqu’où l’employé·e doit il·elle aller pour minimiser ses dommages?

By Camille Paradis-Loiselle and Arianne Bouchard
  • Constructive Dismissal

Demotion and constructive dismissal: How far must an employee go to mitigate damages?

By Camille Paradis-Loiselle and Arianne Bouchard
  • Constructive Dismissal

The trouble with unwritten terms: An employee’s right to remote work 

By Allison Buchanan and Anil Nair
  • Constructive Dismissal

BC Supreme Court rules unpaid leave of absence for unvaccinated employee was not a constructive dismissal

By Andy Pushalik and Rachel Akinyemi
  • Constructive Dismissal
  • Employment Standards
  • General
  • Wrongful Dismissal

I’m still standing – Judicial review of labour arbitration decisions

By Russell Groves and Fatimah Khan
  • Constructive Dismissal
  • Employment Standards
  • General
  • Wrongful Dismissal

Employer success: Ontario Superior Court confirms enforceability of ESA minimums termination clause during a Rule 21 motion

By Maggie Sullivan and Catherine Coulter
  • Constructive Dismissal
  • Privacy
  • Workplace investigations
  • Wrongful Dismissal

Privilège dans le cadre d’enquêtes menées en milieu de travail : le « spectre de la divulgation forcée »

By Victoria Merritt
  • Constructive Dismissal
  • Privacy
  • Workplace investigations
  • Wrongful Dismissal

Privilege in workplace investigations: The “spectre of compelled disclosure”

By Victoria Merritt
  • Constructive Dismissal
  • General
  • Workplace investigations
  • Wrongful Dismissal

Can employees be terminated “for any reason,” but not “at any time”?

By Julia Dales and Catherine Coulter
  • Constructive Dismissal
  • COVID-19
  • General

British Columbia Supreme Court: Unpaid leave following refusal to comply with mandatory vaccination policy is not constructive dismissal

By Victoria Merritt and Rachel Au
  • Constructive Dismissal
  • COVID-19
  • General

No answer yet: The Ontario Court of Appeal declines to determine whether an IDEL layoff amounts to constructive dismissal

By Catherine Coulter and Emily Kroboth
  • Constructive Dismissal
  • Employment Standards

Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

By Matthew Curtis

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A guide to: Doing Business in Canada

Canada: Canada is entering a new period of investment and growth, creating opportunities for businesses looking to acquire or expand operations across the country. Turning those opportunities into successful investments [...]

Doing business in Canada: Labour and employment law considerations

Canada: Employment and labour relations in Canada are regulated at both the federal and provincial levels. [...]

Employment and Labour Montréal Newsletter – Issue 9 / August 2026

Many employers are aware that a significant reduction in an employee’s salary can increase the risk of constructive dismissal. In practice, however, the most complex situations often arise in much [...]

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