Audit, Compliance and Risk Blog

Employee’s “Silent Acquiescence” to Employer’s Change in Terms of Employment May Undo Actionable Constructive Discharge

Posted by Jon Elliott on Mon, Nov 14, 2022

After an employer discharges an employee, the (ex) employee may be able to sue claiming that the discharge was unjustified or“wrongful,” depending on the terms of any applicable employment contract andthe circumstances of the discharge. One complicated set of circumstances involve discharges that are “constructive” rather than explicit/actual. Whereas an employer may commit an actual breach by dismissing an employee without cause and without sufficient advance notice or severance pay, a constructive breach occurs when an employer forces the employee to accept a fundamental (or in some formulations, “substantial”) change in the employment relationship or quit.

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Tags: Employee Rights, Protecting employees, Employment, Employment Law, Employment Termination

Coming out of the COVID-19 lockdown: Issues and challenges facing Canadian employers

Posted by BLG’s Labour and Employment Group on Mon, May 25, 2020

As Canadian employers begin to engage in the “re-opening” of the local economy, they face numerous legal and logistical challenges. Health and safety, privacy and human rights issues abound, and further uncharted waters lie ahead.

BLG’s Labour and Employment team provides a non-exhaustive list below of issues and challenges employers need to keep in mind.

Compliance with employee health and safety and public health requirements

Until effective vaccines and/or therapies for COVID-19 become available, employers will need to continue taking all reasonable steps to ensure that their workplaces are compliant with public health guidelines and requirements as well as their obligations to protect the health and safety of employees. Employers will need to remain current and proactively assess their workplaces, and make modifications in planning for the return of their employees. This will affect physical workspaces and require that employees are properly informed, equipped and monitored to ensure compliance.

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Tags: Business & Legal, Covid-19, Employment, Employment Law, Labour & Employment

Dispute management during COVID-19: Moving from litigation to arbitration

Posted by BLG’s Commercial Arbitration Group  on Wed, May 13, 2020

The worldwide spread of the COVID-19 virus has affected commercial operations, logistics and finances across industry sectors. The social, health and economic uncertainty caused by the pandemic puts pressure on the limited resources and budgets of individuals and businesses alike. In such circumstances, we can expect the number of legal disputes to increase now and into the future.

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Tags: Business & Legal, commercial arbitration, disputes, Employment, Employment Law