Being constructively dismissed does not entitle the employee to a greater or lesser severance package than if the employer had explicitly notified the employee that he or she was being terminated without cause.
The only exception to this statement would be in a situation where the constructive dismissal was triggered by a poisoned or discriminatory work environment that entitled the employee to The legal rationale for treating an employer’s unilateral change to the employee’s terms of employment as a constructive dismissal is that a party to a contract has the right to end the contract and seek monetary damages if the other party to the contract is no longer performing his or her obligations under the contract.
A sole proprietorship is responsible for all debts, and the business automatically ceases to exist when the owner abandons it.
This is a sole proprietorship that is divided among 2 or more principal business owners.
This decision reinforces the importance of implementing, and following, a policy for use of employer-owned technology in the workplace. , 2012 ONCA 32 - Tort of invasion of privacy and intrusion upon seclusion Tsige, an employee of the Bank of Montreal, accessed the banking information of Jones approximately 174 times over a two-year period after learning that her former husband was in a relationship with Jones. However, Jones also successfully sued Tsige privately for the tort of “invasion of privacy” and “intrusion upon seclusion.” While these causes of action had never been recognized in Canada in the past, the Ontario Court of Appeal endorsed the law, even in the absence of proof of harm to an economic interest.
Both employers and employees must now be conscious of possible additional liability in the event that customer or employee data is accessed improperly. , 2012 ONSC 3809 - Wrongful dismissal; duty to accommodate; breach of OHS program Barton was terminated, allegedly for cause, after his subordinates breached company health and safety policies to help a disabled employee access the second floor of a Rona store to attend a training session.
To assist provincially-regulated employers in Ontario, we have compiled a list of the ten statutory vacation requirements employers must meet to comply with Ontario’s When an employer has a vacation policy or has agreed to vacation-related terms in an employment contract that provide a greater benefit to employees than these minimum statutory requirements, the employer should ensure that it complies with the applicable policy or agreement.
A unionized employer must ensure their vacation practices comply with any applicable collective agreements.
You are exempt from this requirement if you use your own name for the business.
The Act outlines a number of “what-if” scenarios, which can help employers navigate different circumstances.
As many employees take time off from work to enjoy the summer months, employers often have questions regarding the calculation of employees’ vacation pay and the scheduling of their vacation time.
If you have any questions regarding vacation requirements in Ontario, please do not hesitate to contact any member of the Labour & Employment Group at Mc Carthy Tétrault.
All businesses, large and small, are subject to laws and regulations in Ontario.
Having resigned, the employee will not be entitled to a severance package.