Return-to-office (RTO) mandates continue to be contentious workplace issues in Canada. While many employers are pushing for in-person work, some employees view remote work as a core part of their job. This tension is increasingly showing up in legal claims, most notably, constructive dismissal claims.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer makes a unilateral and fundamental
When we meet with employers regarding a needed change or a tough new situation at work, we often find that mention of constructive dismissal can really catch employers off guard. When it comes to constructive dismissal, there’s no termination meeting or official decision by the employer, but the law can still treat the situation as if the employee was fired.
Substantial changes to a job, or a work environment that becomes so bad, the employee feels they have no reasonable choice but to leave, can trigger a constructive dismissal. Ultimately, constructive dismissal creates the same obligations for the employer as a termination, including paying termination pay, severance, and possibly damages to the employee.
Continue Reading Oops, You Might’ve Fired Them: A Constructive Dismissal Reality CheckUnlimited Vacation sounds great in theory – employees take time when they need it, the administrative burden of ‘counting days’ is alleviated, the ‘use it or lose it’ drama disappears, and employers are able to avoid the “helicopter parenting” style of monitoring an employee’s vacation entitlements.
The Unlimited Vacation perk has become increasingly popular with the rise of burnout recognition, a greater understanding of the value of ‘mental health days’, and a less rigid take on the typical 9 to 5. It’s trendy too: In 2024, 26% of tech companies offered Unlimited Vacation (versus 15% total market)1
Before you start deleting any vacation request forms from your HR drive, consider this: in Ontario (and across Canada), Unlimited Vacation policies may create more problems than they solve, especially if they’re not drafted carefully or maintained properly.
The threat, uncertainty and financial hardship of U.S. tariffs are causing significant disruption for Canadian businesses – shrinking profit margins, reducing demand, and forcing difficult staffing decisions.
If your business is facing economic uncertainty due to tariffs, temporary layoffs might seem like a reasonable solution. However, employment laws in Canada impose strict rules on layoffs, and missteps can result in unintended liability.
Continue Reading Tariff Turmoil? Temporary Layoff Tips for Canadian EmployersThe recently enacted Working for Workers Six Act, 2024 (Bill 229) introduces numerous legislative updates that Ontario employers need to understand and incorporate into their workplace practices.
Bill 229 was passed into law in December 2024, meaning several provisions are already in effect, while others are set to roll out in 2025. Here, we break down the key components of Bill 229 and their practical implications for Ontario employers.
Continue Reading Bill 229, Working for Workers Six Act: What Ontario Employers Need to KnowWe’ve all heard of the magical work-life balance in Sweden, where companies have been experimenting with shorter workweeks for years. One attempt in Gothenburg saw municipal workers shift to a six-hour workday without losing pay. The results? Increased productivity, happier employees, and fewer sick days.
While not every business has embraced the change permanently, the experiment fueled the global conversation about reducing work hours. The four-day workweek has become one of the hottest workplace trends as organizations around the globe explore new ways to boost productivity, employee well-being, and retention.
Continue Reading Working Hard or Hardly Working? Making the Four-Day Workweek Work for YouEmployers considering employee requests to relocate must evaluate employment standards and potential tax and immigration implications.
Continue Reading Employee Requests to Relocate: 4 Employer Considerations
Now, more than ever, businesses are modifying and evolving in order to keep up with changes in social and industry trends, work environments, office locations, and the economy. Generally, your business evolving is a good thing and means you’re doing well but major changes to the organization of your business can also lead to constructive dismissals. As an employer, you need to be aware of how to make changes at work, without forcing employees out.
What is Constructive Dismissal?
It’s no secret that hiring and firing are pretty common and well-known practices while running a business. What is less talked about are constructive dismissals. A constructive dismissal happens when a unilateral change made to an employee’s contract or overall employment relationship is so significant that it basically breaks the contract. A change leading to a constructive dismissal claim must be fundamental and done without the employee’s agreement, leaving the employee feeling like their only option is to resign and sue for breaking that contract.
Continue Reading How to Avoid Constructive Dismissals
In the recent Court of Appeal decision in Kosteckyj v. Paramount Resources Ltd. 2022 ABCA 230 (CanLII), the court considered the possibility that specific timelines could be imposed on employees for voicing dissatisfaction with unwelcome changes to the terms of their employment if they want to subsequently argue that they’ve been constructively dismissed.
What Typically Triggers a Constructive Dismissal Claim?
Constructive dismissal arguments often follow unilateral changes made to an employment agreement by the employer. When an employee alleges a constructive dismissal after a change, they’re essentially saying that the change cuts so deeply to the core of the employment relationship that they’ve been forced to leave: “I’m quitting, but you made me! … and by the way, you have to now compensate me as if you’d fired me.”
Continue Reading How Long Can an Employee Dispute Compensation Changes?
Is remote work ending? Many of our employer clients are making plans for a return to in-person work. Likely many employees have mixed feelings about a return to the office. Sure, not wearing real pants has been nice, but many miss the in-person social aspects of work, and would maybe welcome a little bit of separation from their families, annoying cat, or their neighbour’s lawnmower. Today we will discuss some return-to-work issues.
Can I Require My Employees to Return to Work?
Employers can definitely tell their employees that they are required to return to the office. How strong a stance employers want to take on this will depend and some flexibility will likely be warranted.
Continue Reading The End of Remote Work?