Lluc Cerda

A long-service truck driver alleged constructive dismissal following an asset purchase and transition to a new compensation structure, asserting reduced compensation, fewer hours, pressure to accept long-haul work, unsafe equipment, delayed paperwork, and workplace conduct causing medical leave.

Applying the constructive dismissal framework, the court held the employee failed to prove any unilateral, substantial, and detrimental change to an essential term of employment or a course of conduct showing the employer no longer intended to be bound by the contract.

The court found the evidentiary record on compensation comparisons was inadequate, rejected the health and safety allegations, and found no causal evidentiary basis linking the medical leave to the employer’s conduct.

The employer’s alternative frustration defence also failed because the evidence did not establish no reasonable likelihood of return to work within a reasonable time.

The action was dismissed.

The plaintiff, a receptionist at an oral surgery clinic for 30 years, brought a wrongful dismissal action after her employment was terminated due to the defendants' retirement.

The court found that the conflict of interest and confidential information clauses in her employment contract violated the Employment Standards Act, rendering the termination provisions unenforceable.

The court awarded a 15-month notice period, reducing the agreed 18-month period by 3 months for a slight failure to mitigate.

The court also ruled that the plaintiff's CERB payments should not be deducted from her damages award.

The plaintiff employee and defendant employer both brought motions for summary judgment in a wrongful dismissal action.

The plaintiff was temporarily laid off in March 2020 due to the COVID-19 pandemic, and the layoff was extended several times.

The plaintiff waited nine months before alleging constructive dismissal.

The court found that the plaintiff had acquiesced to the layoff by failing to object within a reasonable period of time.

The plaintiff's motion for summary judgment was dismissed, and the defendant's motion to dismiss the action was granted.

Costs were awarded to the defendant.

The plaintiff, a tow truck operator, sued for wrongful dismissal after being summarily terminated without notice following five and a half years of service.

The defendant employer alleged just cause, claiming the plaintiff stole gas and engaged in other misconduct.

The court found the employer failed to prove the allegations on a balance of probabilities and failed to provide the plaintiff an opportunity to respond before termination.

The court also determined the plaintiff was an employee, not an independent contractor, and awarded six months' pay in lieu of notice plus unpaid vacation pay, totaling $19,860.75.