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Nurse Suspended for Six Years Not Constructively Dismissed, Says OLRB Waiting six years while on unpaid leave from work is too long to claim constructive dismissal, according to the Ontario Labour Relations Board (“OLRB”). In Basdaye Kissoon v Victorian Order of Nurses (VON), the applicant employee alleged constructive dismissal and reprisal against her employer, neither of which were found by the OLRB in its December 7, 2020 decision. The case offers a summary of the principles of constructive dismissal, which is important for employers, including charities and not-for-profits, to know. In a common law civil action, constructive dismissal can result in expensive termination payments in lieu of reasonable notice if employers unilaterally change the terms of the employment contract, resulting in a potential wrongful termination claim by an employee. This Bulletin summarizes the facts of the case and the legal analysis applied by the OLRB. For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 487. |
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