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ARTICLE · 07 JULY 2015

Arguing Constructive Dismissal? Ontario Labour Relations Board Sets High Threshold For Employees

Norton Rose Fulbright Canada LLP
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A decision released last week from the Ontario Labour Relations Board (the "Board") has re-emphasized the high threshold required to find that the conduct of an employer amounts to constructive dismissal.

CanadaEmployment and HR
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright Canada LLP
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A decision released last week from the Ontario Labour Relations Board (the "Board") has re-emphasized the high threshold required to find that the conduct of an employer amounts to constructive dismissal. In the decision of Julie C. Malboeuf v. PR Dental Facility Ltd., Julie Malboeuf brought an application under the Employment Standards Act, 2000 asserting that the Employer Standards Officer erred in its decision not to grant her termination pay. Ms. Malboeuf alleged in her application that she had been constructively dismissed and it is on that basis that she asserts her claim for termination pay.

Ms. Malboeuf worked as a Dental Hygienist at a practice owned by the Employer, Dr. Patrick Roy. In late 2012, Ms. Malboeuf quit her employment without notice. In her application, she alleged that Dr. Roy had been acting in an intimidating and aggressive manner in the office. Ms. Malboeuf was particularly upset by incidents including Dr. Roy speaking to her in a loud voice

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