Supreme Court clarifies constructive dismissalTop court looks at suspension with payBy Liz Bernier04/20/2015|Canadian HR Reporter|Last Updated: 04/17/2015 Constructive dismissal can be a tricky area to begin with, but it can be complicated even further if the employee in question is on suspension with pay. That was the case in a recent Supreme Court of Canada decision, Potter v. New Brunswick Legal Aid Services Commission. The Supreme Court unanimously decided David Potter had been constructively dismissed from his job as executive director after he was put on indefinite — but paid — suspension after nearing the end of a sick leave. He was told he “ought not” to return to work but was given no reason. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.