Ontario Court finds constructive dismissal unsuitable for certification

April 26, 2011

The Ontario Superior Court has found that a proposed class action by former employees of Allstate Insurance Company who alleged that they were constructively dismissed is not suitable for certification. In the case of Kafka v. Allstate Insurance Company of Canadathe plaintiff, who resigned along with a large number of other employees following a policy change to the manner in which they were compensated, claimed that the unilateral change by Allstate to their compensation amounted to constructive dismissal on a class–wide scale. However, the court disagreed, and stated that the individual situation for each of the plaintiffs would have to be examined, and therefore this proceeding was not appropriate as a class action.

For a full summary of this case, click here.

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