Constructive Dismissal

In employment law, constructive dismissal, also called constructive discharge, occurs when employees resign because their employer's behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Since the resignation was not truly voluntary, it is in effect a termination. For example, when an employer makes life extremely difficult for an employee, to attempt to have the employee resign, rather than outright firing the employee, the employer is trying to effect a constructive discharge.
Posts about Constructive Dismissal
  • Employer Forum Recap: Recruitment and Hiring

    … contract”. A dependent contractor is economically dependent on one employer, works exclusively for one employer, and may be entitled to reasonable notice upon termination of the working relationship. Read Trevor’s blog post on a recent court decision out of Ontario here to learn more. Constructive Dismissal. Constructive dismissal occurs when…

    Wendy Woloshyn/ kentemploymentlaw.com- 28 readers -
  • Firing for Cause: Disciplinary Action and Timely Warnings

    …, things did not improve and in November 2003, the Plaintiff went on short-term disability and thereafter entered into an alcohol treatment program. Following another incident where the Plaintiff was intoxicated at a softball tournament in the summer of 2004 (eight months after his last warning), the employer decided to demote the Plaintiff to a clerk…

    Wendy Woloshyn/ kentemploymentlaw.com- 11 readers -
  • Constructive Dismissal in the Employment Law Context

    … In Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 the Supreme Court of Canada considered the law as it pertains to constructive dismissal in the employment law context. Prior to this decision the Supreme Court had last considered this issue in its seminal decision in Farber v. Royal Trust Co. in 1997. In general an employee…

    Peter Ferrari/ Corporate Law Blog- 41 readers -