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ARTICLE · 24 FEBRUARY 2020

Right Of Action Statute-Barred Where Constructive Dismissal Linked To Workplace Injury

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In the recent Decision No. 1227/19, the Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT or the Tribunal) held that the worker's right...

CanadaEmployment and HR
Madeeha Hashmi
Madeeha Hashmi
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In the recent Decision No. 1227/19, the Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT or the Tribunal) held that the worker's right to sue in a civil constructive dismissal action was taken away due to the connection between the facts forming the basis of her constructive dismissal claim and a claim for injury governed by the Workplace Safety and Insurance Act, 1997 (WSIA). Previously, WSIAT jurisprudence held that the right to bring an action for wrongful dismissal is not generally removed by the WSIA except in exceptional circumstances where the circumstances of wrongful dismissal are inextricably linked to the workplace injury. Decision No. 1227/19 demonstrates that constructive dismissal claimed on the basis of workplace harassment that has caused mental illness is exactly such an exceptional circumstance.

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