Can you “constructively resign” in Ontario? Only if you’re an injured worker.

Recently, the WSIAT introduced into workers’ compensation law an employment-law concept—“constructive resignation”—that the courts have unequivocally stated is not applicable in Ontario. In this post, I critique the specific decision in which this occurred (Decision no. 340/15, 2015 ONWSIAT 1102 (CanLII))—and I comment on two general problems with the Tribunal’s decision-making process highlighted by the case. Continue reading