<Negotiations with an opposing counsel in employment law> Continue to negotiate with the opposing counsel representing your client’s employer and always push forward for settlement if it is clear there is a legitimate claim for constructive dismissal, claims under Ontario Human Rights Code and Occupation Health and Safety Act.
Always be proactive in dealing with your client’s employer or his legal counsel if your client’s claim for constructive dismissal is well founded. Always make sure your client is paid fairly – including vacation pay, prorated bonus, severance pay under the common law.
<Farber v. Royal Trust Co., 1997 CanLII 387 (SCC)> The employee resigned but is deemed to have been constructively dismissed. When an employer decides unilaterally to make changes to the essential terms of employment contract and an employee does not agree to the changes and leaves his or her job, the employee has been constructively … Read More
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