Assignment Task:
Ontario law applies to every question. Assume all workers are NOT unionized. Even if not specified in the question itself, the best answers will always refer to case law, if any, in support.
1) Under the Common Law, when an indefinite term employee is fired, they are entitled to notice (or pay in lieu of that notice), whether it be Common Law Reasonable Notice or Contractual Notice. Sometimes, however, such an employee can be dismissed for cause (summary dismissal) i.e., they receive no notice. Give examples of THREE behaviours of an employee that can justify summary dismissal and for each refer to a legal case where this was argued.
a) What is Constructive Dismissal? Identify 2 different actions which can cause Constructive Dismissal, with reference to legally decided cases.
b) What options are available to an employee when they feel they have been Constructively Dismissed? What are the dangers of an employee "getting it wrong?" Explain.
c) What is an employee potentially entitled to in a successful Constructive Dismissal action? How are these various damages determined?