Sweet deal for candy factory employee

Worker didn’t have to leave job to support constructive dismissal claim: Court
By Thomas Gorsky
|Canadian Employment Law Today|Last Updated: 01/26/2011

Can an employee stay on the job while claiming he was constructively dismissed? Yes, according to the Ontario Superior Court of Justice. In a recent decision, the court ruled an employee can pursue a constructive dismissal claim against his employer and at the same time remain in his position of employment. Although this ground breaking decision favoured an employee, it has the potential to help employers, depending on how the decision is applied by courts going forward.