Sweet deal for candy factory employeeWorker didn’t have to leave job to support constructive dismissal claim: CourtBy Thomas Gorsky01/26/2011|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. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.