Tag Archives | constructive dismissal

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The SCC’s Employment Law Refresher

By Victoria Merritt, lawyer. Employment law enthusiasts in Canada had one more thing to be thankful for this weekend: the unanimous decision released by the Supreme Court of Canada (the “SCC”) on October 9, 2020, Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26. The issue before the SCC related to the damages an employee […]

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Kent Employment Law Employer Forum

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. With individuals from over […]

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mitigate reemployment

Does an Employee’s Duty to Mitigate Extend to Offers of Re-employment Following Dismissal?

By Andres Barker, Lawyer. It is a basic, fundamental principle of Canadian wrongful dismissal law that an employee has a duty to mitigate her losses following the termination of her employment. The essence of this duty is that a dismissed employee must look for comparable work matching her skills, qualifications and professional status. If an […]

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Firing for Cause: Disciplinary Action and Timely Warnings

This article by Heather Hettiarachchi discusses the 2011 case of Haddock v. Thrifty Foods, and offers lessons for employers wanting to dismiss employees for poor performance.

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Lipp v. Maverick’s Sports Lounge, 2014 BCHRT 199

Our client was constructively dismissed from her employment as a server due to her pregnancy. The British Columbia Human Rights Tribunal awarded her lost wages plus damages for injury to dignity, feelings and self-respect.

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Employee condonation 1

How Long Can I Wait to Claim I Was Constructively Dismissed? Our Top 4 Tips for Employees

In a previous blog post, we introduced the employment law concept of condonation, and offered employers a few tips on how to avoid condoning employee misconduct (and thereby lose the opportunity to fire for cause). This week, we continue our focus on condonation, but shift our perspective to the employee and the area of constructive […]

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