Canada: The Most Important Question Is Why: The SCC Revisits Constructive Dismissal
The Supreme Court of Canada recently handed down Potter v New Brunswick Legal Aid Services Commission,1 ruling that an employer had constructively dismissed an employee when it suspended him without justification, while he was on sick leave. This decision, which overruled both judgments from the New Brunswick Court of Queen’s Bench and the New Brunswick Court of Appeal, clarifies the common law test for constructive dismissal and has important implications for employers. This article […]