Does termination of employee’s benefits constitute constructive dismissal?

Ontario, Canada


The following excerpt is from Lemesani v Lowerys Inc., 2017 ONSC 1808 (CanLII):

The plaintiff cites Briggs v. Treco Machine and Tool Ltd., 2009 CanLII 67656 (ONSC) at para. 4 in support of his argument that termination of an employee’s benefits constitutes constructive dismissal.

Other Questions


Does short-term disability benefits paid to a terminated employee from September 17, 1991 include overtime payments made by the terminated employee in the calculation of damages for wrongful dismissal? (Ontario, Canada)
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
Can an employee claim constructive dismissal damages if the employer does not provide reasonable notice to the employee? (Ontario, Canada)
Can an employer unfairly change the nature of the relationship by dismissing or constructively dismissing an employee? (Ontario, Canada)
What is the test for constructive dismissal when an employee unilaterally changes the terms of their employment contract? (Ontario, Canada)
Can an employee under a fixed term contract mitigate their wages and benefits if terminated without cause? (Ontario, Canada)
What constitutes constructive dismissal in common law Canadian common law? (Ontario, Canada)
What constitutes constructive dismissal in common law? (Ontario, Canada)
What is the test for deductibility of disability benefits when an employee seeks to claim damages for wrongful dismissal? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.