Does the applicant have the right to claim constructive dismissal if she continued to work for DiVinci between January 2006 and April 2006, even though her wages were paid intermittently?
Ontario, Canada
The following excerpt is from Poole v. DiVinci's Hair & Tanning Gallery, 2007 CanLII 52304 (ON LRB):
22. The applicant did not forgo the right to claim constructive dismissal merely because she continued to work for DiVinci between January 2006 to April 2006, even though her wages were paid intermittently.see Farber v. Royal Trust Co., [1977] 1 S.C.R. 846.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
Does an applicant have to respond to directions from the Human Rights Tribunal or have the application dismissed? (Ontario, Canada)
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
Can a motion to dismiss an invasion of privacy claim be dismissed at common law? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Can a plaintiff amend the statement of claim to assert constructive dismissal damages? (Ontario, Canada)
When a vendor employer corporation is sold, can an employee be constructive dismissed if they continue to behave as if they were not advised of the sale? (Ontario, Canada)
Can an individual whose rights under the Criminal Code have not been infringed bring an application to the Human Rights Tribunal? (Ontario, Canada)
What is the Applicant’s second argument in his application for leave of execution under s. 6 of the Charter of Human Rights Act? (Ontario, Canada)
