Ms Rachel Kardal

Rachel Kardal


Employment & Immigration

Employees' right to sue for constructive dismissal
Canada | 26 February 2020

Employees should be treated with dignity and respect. Accordingly, employers risk breaching an employment contract by condoning harassment in the workplace and creating a hostile work environment, which – in turn – may give rise to a constructive dismissal claim. Employers facing a constructive dismissal claim resulting from workplace harassment should assess whether the claim falls within the jurisdiction of workers' compensation legislation, rather than the civil courts.