Supreme Court clarifies constructive dismissal

Top court looks at suspension with pay
By Liz Bernier
|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.