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Constructive Dismissal

Read more on Repeated Breaches of Confidentiality Policy are Just Cause for Termination

Repeated Breaches of Confidentiality Policy are Just Cause for Termination

TagsArticles, Employment Law

In a recent case from British Columbia, Manak v. Workers’ Compensation Board of British Columbia (cob WorkSafe BC), 2018 BCSC 182, the court held that an employee’s repeated breaches of a confidentiality policy justified the employer to terminate her employment for cause.  In employment law, for cause terminations are exceedingly difficult to prove with the…

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Read more on Can you Provide Working Notice of Termination to an Employee on Disability Leave?

Can you Provide Working Notice of Termination to an Employee on Disability Leave?

TagsArticles, Employment Law

In McLeod v. Frontier Sales, 2018 ONSC 1866, the Divisional Court of Ontario dismissed the appeal by an employer who provided working notice to an employee on disability leave and in turn, sought to reduce the amount of reasonable notice that it was required to provide.  The case confirms that working notice provided during a…

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Read more on Changing Employment Agreements Without Risking Constructive Dismissal Claims

Changing Employment Agreements Without Risking Constructive Dismissal Claims

TagsArticles, Employment Law

Case Details Late last year, the Ontario Superior Court of Justice in Hagholm v. Coreio Inc., 2017 ONSC 7713, made a decision that addressed the issue of an employer’s unilateral amendment of an existing employment contract and whether such amendments can result in the constructive dismissal of a long-term employee. The plaintiff, in this case,…

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Read more on What Every Employee & Employer Needs to Know about Constructive Dismissal

What Every Employee & Employer Needs to Know about Constructive Dismissal

TagsArticles, Employment Law

  A unilateral, material and significant change to the employment relationship can lead to a claim of constructive dismissal.  Constructive dismissal happens when an employee resigns from their position because the employer has, without warning, materially altered the employment relationship or created such a hostile work environment that it is impossible for the employee to…

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Read more on Sitting On The Fence: Independent Contractors V. Employees

Sitting On The Fence: Independent Contractors V. Employees

TagsArticles, Employment Law

Businesses employing contractors to perform specific tasks within their operations is not new. What is new though, is the increasingly large role that independent contractors are playing in a modern, service-based economy. These days, it is not uncommon for companies to employ contractors in a number of areas which would have previously been viewed as…

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Read more on Swinging the Heavy Hammer: Just Cause Termination

Swinging the Heavy Hammer: Just Cause Termination

TagsArticles, Employment Law

In previous postings, we discussed the employment contract which exists between all employees and their employers. Implied in most verbal employment contracts is a term recognizing that employees who see their employment terminated for grounds other than "just cause", are entitled to reasonable notice of their termination, or payment in lieu thereof. But what is…

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Fixed Price Employment Law Answers for Employers and Employees with COVID-19 Questions

Are you an employer or an employee who has been effected by the global pandemic and need answers to employment and HR related questions? You need a lawyer. Scott Chambers is an experienced employment lawyer who is offering REMOTE (video-conference or telephone) consultation service at a fixed price in 30 minute ($199) and 1 hour blocks ($399). Contact Scott Chambers today at [email protected] or call 250-979-2527 or 1-800-661-4959.


Our Kelowna lawyers represent clients throughout the Okanagan Valley and the rest of BC. We have a diverse practice, from personal injury representation or wills and estate planning to commercial business law or real estate transactions.

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