tag:blogger.com,1999:blog-7916767120530431852.post8414616724805325077..comments2024-03-23T13:03:48.917-04:00Comments on Labour Pains: How Long Does an Employee Have to Sue for Unpaid Commission Payments?Sean Bawdenhttp://www.blogger.com/profile/12478582658843470140noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7916767120530431852.post-59512970234479087052013-12-16T16:50:06.425-05:002013-12-16T16:50:06.425-05:00I found the Court of Appeal's response to the ...I found the Court of Appeal's response to the employer's 'constructive dismissal' argument (i.e. that the claim isn't framed in constructive dismissal) to be strange, for exactly the reason you've highlighted. The employer appears to have argued that, if one viewed it as a constructive dismissal, the limitations period would have started running at the time of the act constituting the constructive dismissal. But I don't know what the basis for such an argument would have been, because the distinction seems to me to be a matter of semantics: The 'third option' from Hill - which is now fairly well-established law - is simply a statement of how the first principles of a rejected repudiation translate into the employment context.<br /><br />So yes, I agree that they could have relied upon Hill and Wronko, and it would have brought them to the same place, because they're fundamentally looking to the same basic set of principles.Dennis Buchananhttps://www.blogger.com/profile/02338198640943823828noreply@blogger.com