Employee suspension ruled constructive dismissal: Supreme Court
Employers would be wise to consider the terms of an employee’s contract before administratively suspending him or her. The Supreme Court of Canada held that administrative suspensions must be both reasonable and justified. Also, employers cannot use an administrative suspension to get around the fact that they no longer intend to be bound by an employee’s employment contract. In Potter v. New Brunswick Legal Aid Services, 2015 SCC 10, the Supreme Court of Canada ruled that an employee’s administrative suspension with pay amounted to constructive dismissal. Background Mr. Potter was the (non-unionized) Executive Director of the New Brunswick Legal Aid ... [more]
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