Constructive Dismissal

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call:(416) 921 7997 Ext. 225     Email:srball@82scollard.com

STACEY REGINALD BALL

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In Ontario,constructive dismissal occurs when an employee has not been dismissed, but the terms or conditions of their employment have changed significantly

EMPLOYMENT CONTRACT

The Remedies for Constructive Dismissal

These changes may relate to, among other things, compensation, title, duties, office location or working hours. Recent case law suggests that abusive behaviour by an employer may also constitute constructive dismissal. The current leading decision is Potter v. New Brunswick Legal Aid, 2015 SCC 10. A constructive dismissal can be found in one of two ways: a. the employer “substantially alters an essential term of the contract of employment”; or b. the employer pursues a course of conduct which “evinces an intention to no longer be bound by the contract.” The test is not whether the employer intends to be bound, but whether a reasonable person in the circumstances of the employee would think that the employer has objectively evinced the intention to no longer be bound.

The remedies for constructive dismissal are similar to those found in a wrongful dismissal suit. This is because the terms of employment have been substantially altered or the employer’s conduct shows an intention to no longer be bound by the employment contract, as though the employee has been dismissed. In this situation, the employee is entitled to reasonable notice because the employment contract has ended and they have essentially been terminated from the job that they signed up for. Constructive dismissal is an extremely complex area of employment law. Professional legal advice should be sought at an early stage to help you negotiate an exit package. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice and assistance in an employment matter, please contact the experts at Ball Professional Corporation.

CONSULTATIONS

Canadian Employment Law

Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

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CLIENT REVIEWS

“ Stacey Ball is the ultimate in employment lawyers. He got me an excellent settlement and I referred him to fellow long term employees whom I know were very happy in their outcome. I cannot recommend him enough; his name alone will give you clout. This is the guy who wrote the book. He is the best. ”
- John Cunningham, Toronto, ON

“ I was strongly advised by another client to see Stacey Ball. At the initial consultation I found Stacey to be very candid, honest and confident. He was very knowledgeable and upfront about reasonable expectations. He acted quickly on my behalf, which resulted in a fair settlement. I would recommend Stacey to anyone who wishes to use a pro, who knows the law, and is the best employment lawyer in the business. ”
- Todd Kemp, Oshawa, ON

“ I would highly recommend Stacey Ball as an employment lawyer. He was honest, hard working on my behalf and obtained an excellent settlement. I found him to be the top and best employment lawyer I could have obtained. ”
- Lou T. Richmond Hill, ON

“ Stacey Ball is the best employment lawyer you can have on your side in Toronto. There is no employment lawyer representing employees with a stronger track record than him. In my experience, he gets the results that meet your needs, even against the most stubborn employers. Had I not gone with Stacey, I would have gotten nothing because that was what my employer insisted on until he intervened on my behalf. He is the best and top employment lawyer. ”
- James Yu, Toronto, ON

“ I first used Stacey over a decade ago to review personal and business employment contracts. Stacey is arguably the best employment law lawyer in both Canada and south of the border. His intimate knowledge of the law is second to none. He is readily available for any situation which requires a quick, frank and authentic response. I would highly recommend him for both individuals and organizations alike.​ ”
- Antoinette St. Angelo, V.P. & Director of Production Services, Toronto, ON

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