When the pandemic first began, and at various subsequent points, many Ontario employers experienced a decrease in work volume and, as a result, made the difficult decision to place their staff on temporary unpaid lay-off from work. This seemingly straightforward decision, however, has resulted for some businesses in unintended litigation. They have faced employee claims for severance on the basis that their lay-off amounted to a constructive dismissal from employment.
Employees are entitled to work in a respectful environment, free from harassment and discrimination. In circumstances where the work environment deteriorates to such an extent that it may be considered “poisonous” or “toxic”, a court will likely find that the employer’s behaviour in creating and/or condoning this environment amounted to a constructive dismissal of the affected employee.
Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on constructive dismissal from employment.
Jose Mourinho: the self-proclaimed 'Special One', former Chelsea boss and brand-new Manchester United manager. In addition to his many successes, Mr. Mourinho is no stranger to controversy. In the most recent Premier League season after seeing his Chelsea side lose nine of the first sixteen league games, he was unceremoniously dismissed.
Shortly before his own dismissal, Mourinho became one half of a very public dispute with Dr. Eva Carneiro. Dr. Carneiro had been employed with Chelsea since 2009, before leaving her position as first team doctor in September 2015 and alleging constructive dismissal. In addition, Dr. Carneiro's lawsuit included an individual claim against Mourinho for sex discrimination and harassment.
