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Levitt Sheikh | Canada | 23 May 2023
Alberta decision could open floodgates for harassment lawsuits
We previously wrote about an Ontario case confirming that an employee cannot sue for generalized harassment as a lawsuit in and of itself. The notion…
Levitt Sheikh | Canada | 27 Jan 2023
Can my boss change my hours and other burning workplace law questions
I once promised to produce a monthly Q&A column but have been profoundly remiss. To make up for it, here is the first of two columns based on common…
Gowling WLG | Canada | 6 Oct 2022
Unpaid leave of absence for refusal to comply with vaccination policy not constructive dismissal
The Supreme Court of British Columbia is the first court in Canada to address mandatory vaccinations in the context of employment policies. In Parmar…
Anne O'Connell Solicitors | Ireland | 3 Oct 2022
Constructive Dismissal Finding, but What More Could the Employer Have Done?
The Complainant in Frank O’Dwyer v Tesco Ireland ADJ-00034404 brought a constructive dismissal complaint against his former employer, Tesco Ireland…
Anne O'Connell Solicitors | Ireland | 30 Sep 2022
WRC Upholds Constructive Dismissal Complaint Following Employer’s Inadequate Response to Bullying Complaint
In Jade Gannon v Fides Playhouse Limited, the Complainant issued three complaints against her former employer, including a claim for constructive…
Gowling WLG | Canada | 18 Aug 2022
Alberta Court Rules that unpaid leave for employee mask refusal not constructive dismissal
In Benke v Loblaw Companies Limited, 2022 ABQB 461 (Feasby J), the Court of Queen's Bench of Alberta found that placing an employee on unpaid leave…
Ganado Advocates | Malta | 21 May 2022
Constructive Dismissal Explained
On the 21 April 2022, the Industrial Tribunal decided that, based on the elements of the case at hand, the employee CS (the “plaintiff”) was not…
Anne O'Connell Solicitors | Ireland | 28 Feb 2022
WRC Applies High Bar In Rejecting a Constructive Dismissal Claim
WRC Adjudicator emphasises the high bar that must be met by a Complainant in a constructive dismissal claim. He details the case law and applied both…
Ius Laboris | Canada | 3 Jan 2022
Class action for pandemic-related job losses in Canada
The British Columbia Supreme Court in Canada has ruled that former employees terminated as a result of the COVID-19 pandemic can bring a class action…
McMillan LLP | Canada | 1 Sep 2021
Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar
In the recent decision in Morningstar v WSIAT, the Divisional Court overturned a surprising Workplace Safety and Insurance Appeals Tribunal ("WSIAT")…
