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ARTICLE · 20 DECEMBER 2012

How Much Negativity At The Workplace Is Too Much?

Stewart McKelvey
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As most of our clients will know, bullying and harassment at the workplace can lead to a claim of constructive dismissal.

CanadaEmployment and HR
Rebecca Saturley
Rebecca Saturley
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As most of our clients will know, bullying and harassment at the workplace can lead to a claim of constructive dismissal. Historically, constructive dismissal results from changes made by employers to key employment conditions, such as salary, hours and geographic location. However, in the seminal Ontario case Shah v. Xerox Canada Limited 1998 CanLII 14747 (ON SC), the Ontario Court of Appeal found that where the conduct of management personnel is calculated to cause an employee to withdraw from the employment relationship it may amount to constructive dismissal. The test defined by the Ontario Court of Appeal is:

...whether the conduct of the manager was such that a reasonable person in the circumstances should not be expected to persevere in the employment...

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