Some of my most popular columns are Q-and-A’s, where I respond to the pressing labour law questions my readers have on their minds. Here are some of the questions I’m getting most often these days:

Q: What is a constructive dismissal?

A: A constructive dismissal is when the terms of your employment are dramatically changed to your detriment and you refuse to accept it. You can then generally sue as if you had been fired.

Q: What types of things are constructive dismissals?

A: Demotions, cuts in salary, potential transfers to other locations and abusive treatment are the usual constructive dismissals. But it can be anything where your terms of employment are dramatically changed to your disadvantage.

Q: I’ve been on layoff since March 2020. Do I have any rights?

A: A layoff is a wrongful dismissal. If you accepted it for the first two years, you had no recourse until recently. However, infectious disease emergency leave (IDEL) just ended in Ontario and those in that province are now able to insist upon returning to work and can sue for wrongful dismissal if not recalled. But they must act now rather than accept it again

Q: My new employer wants me to get vaccinated for COVID-19 in order to work there. Can I refuse?

A: Subject to extraordinarily limited medical and religious exemptions (about .01% of the population), the employer has a right to require new employees to be vaccinated.

Q: I am being recalled to the office and my employer is requiring vaccinations in order to...

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