Constructive Dismissal and Privileged Communications
Omar Ha-Redeye explained the legal concepts of constructive dismissal and privileged communications on Newstalk 1010.
He discussed the recent case of Fernandes v. Marketforce Communications, where the use of a “Reply All” function on email resulted in an employee receiving a message intended for the lawyers where they were discussing her potential termination.
The employer considered this email privileged and sought to have it excluded, while the employee considered the email as constructive dismissal and sued as a result. In the motion to exclude the email, Justice Thomas A. Bielby upheld the decision of Mr. Justice Sproat to allow the employee to use the email because it would be unfair to the plaintiff to exclude it.
