LAW 529 Study Guide - Final Guide: Ontario Superior Court Of Justice, Summary Judgment, Wrongful Dismissal
7 Nov 2017
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The misconduct leading to the suspension was serious enough to justify the decision: employee harassment or a poisoned work environment a. If serious harassment takes place, employee can quit and sue for constructive dismissal: constructive dismissal more likely if engaged by management and no investigation was made into stopping the harassment. Employee acceptance and condonation of the employer"s repudiation of contract. Employee must accept the repudiation of contract and quit. Some employees do not want to quit, just want employer to abide by the contract. These options can become convoluted and up to the courts to decipher. Employee must accept the repudiation within a reasonable time period. Otherwise, could be ruled that employee condoned the breach. If an employer makes a unilateral change, the change must be supported by mutual consideration. consideration. Condonation does not cure a contract unsupported by mutual. Reasonable time period is subjective to case. More complicated with the duty to mitigate
