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

    … This month marked the debut of Kent Employment Law’s Employer Forum series, an in-house resource for forward-thinking business owners and HR professionals. Hosted by our own Trevor Thomas, November’s Forum focused on recruitment and hiring with a lively discussion led by senior HR professional Heidi Eaves and business consultant Fraser Engel…

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

    … By Heather Hettiarachchi, Lawyer. Employers know that firing or disciplining an employee for just cause is not easy, particularly where the alleged cause is poor performance. This is because the employer has to document the problem or problems, provide warnings and prove that the employee clearly understood that his/her job was on the line if he…

    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 -