Employment Law Show: Ontario – S10 E158

Episode Summary

How does a constructive dismissal differ from a regular termination? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live, Sundays at 1 p.m. ET, on Newstalk 1010 in Toronto, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• An employee on medical leave returns to a different job: Employers cannot penalize or terminate employees as a result of an illness or taking medical or disability leave. While employers are permitted to terminate an employee for any reason as long as adequate severance pay is offered, the reason cannot be discriminatory. Employers that have terminated an employee due to an illness or medical condition have committed a human rights violation.
• A regular dismissal vs. a constructive dismissal: A regular dismissal occurs when an employer decides an employee will no longer be employed. A constructive dismissal occurs when an employee decides they have been dismissed as a result of the employer’s behaviour. Employees that have been constructively dismissed are still owed severance pay.
• Poisoned work environment: A toxic work environment and allegations of harassment must be taken seriously by employers. Employers that fail to investigate and resolved complaints of bullying and harassment have constructively dismissed their employees.
• Employee considered contract worker by an employer: In order for working notice to count, an employer must outline in writing the end day of the notice period. An employer cannot force an employee to sign a new employment contract and if an employee refuses to sign, severance pay must be offered. Employees are often owed additional severance after the working notice period ends.

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