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July, 2025 - De Bousquet Professional Corporation Blog
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Can You Be Fired for Causing an Accident at Work?
Monthly Archives

July 2025

Can You Be Fired for Causing an Accident at Work?

By Employment Law

\Accidents happen — but do they justify being fired? In Ontario, simply having a workplace accident is not automatically just cause for dismissal. Employers must prove that your conduct went beyond a mere mistake. Just cause is a high bar, and courts apply a contextual approach to determine whether it’s met. When It’s NOT Just Cause: A one-time error in judgment Simple negligence Honest mistakes When It MAY Be Just Cause: Gross negligence or reckless disregard for safety Deliberate breaches of safety protocols Repeated misconduct, despite prior warnings Dishonesty, such as failing to report the incident Case in Point: In…

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Unpaid Suspensions– Are they Legal or Constructive Dismissal?

By Employment Law

Can an employer suspend you without pay? The answer is complicated. In Ontario, the Employment Standards Act (ESA) doesn’t explicitly forbid or authorize unpaid suspensions. But that doesn’t mean employers have free rein. Courts have stepped in to define what’s acceptable, and the message is clear: unpaid suspensions are risky and often amount to constructive dismissal. What the Law Says: Unless your employment contract specifically allows unpaid suspensions, your employer likely has no legal right to impose one. Even with a clause in your contract permitting it, the employer must justify the suspension —especially its unpaid nature. Otherwise, it’s a…

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Demoted at Work? Know When It’s Constructive Dismissal

By Employment Law

In Ontario, being demoted can amount to constructive dismissal if it significantly changes your role, status, or pay without your consent or a clear contractual basis. Courts will look at whether the demotion undermines the core terms of your job or affects your dignity, status, or future prospects. When It’s Likely Constructive Dismissal: Your responsibilities are significantly reduced Your title or authority is downgraded Your compensation is cut without agreement The new role is humiliating or career-limiting Case Highlights: Blight v. Nokia Products (ONSC 2012): Status and prestige matter — even with the same salary, the employee was constructively dismissed….

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Truck Drivers: Told You’re an Independent Contractor? The Law Might Say Otherwise

By Employment Law

If you drive for just one company — even if you’re using your own truck and your own business — the law might say you’re not truly independent. And that means you could have legal rights you didn’t know about. A recent court case from British Columbia is changing how we look at this. And it could affect truckers across Canada — including Ontario. What Happened in the Case A driver named Boris Ursic worked for Country Lumber Ltd. for 14 years. He used his own company, owned his trucks, and even hired some drivers. But he only worked for…

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Insensitive Treatment Will Cost Employers: Here is what you should know, if you are ever escorted out of your work premises following termination

By Employment Law

Introduction Being terminated from your job is often a deeply emotional and stressful experience. While it is natural to feel upset or overwhelmed, it’s important to understand that employers are legally bound to treat employees with dignity and fairness during the termination process. Canadian courts have made it clear: how you are dismissed matters. If your employer handles your termination in an unduly harsh or insensitive manner—such as unnecessarily escorting you out the workplace—it could result in legal consequences for them. Summary The legal principle of good faith and fair dealing in employment terminations was established by the Supreme Court…

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