Constructive Dismissal Notice
While most employment relationships in Canada are at-will, it is illegal for employers to fire you if they violate labour laws such as sexual harassment, discrimination, or worker safety. However, an employer who cannot legally fire you may try to force you to leave by creating intolerable working conditions. This is known as constructive dismissal.
For example, imagine that you work for a tech company and are part of a team undergoing a merger with another business. During the transition period, your manager starts making unreasonable criticisms of your performance and it becomes too much for you to bear. You raise concerns with your manager, but he or she refuses to change the tone of the criticisms. In this scenario, you would likely have grounds to claim constructive dismissal and ask for a payout from your former employer.
In order to be eligible for compensation, you must prove that your employer breached an express or implied term of trust and confidence. This is not always easy to do, especially since the definition of a breach is subjective and may vary from person to person. Moreover, the ‘last straw’ that caused you to resign must be directly related to this breach and must have been so intolerable that it forced you to quit.
As with any workplace issue, it is best to raise issues formally or informally before resorting to quitting your job. This way, your employer has an opportunity to resolve the issue and you can avoid any retaliation or negative consequences. It is also important to document your concerns or interactions with your employer in case you need to prove that you were treated unfairly.
Constructive Dismissal and the Notice Period
Aside from taking preventive measures, it is advisable for employees to seek legal advice from an experienced employment lawyer if you believe that you have been constructively dismissed. A lawyer can evaluate your situation and provide guidance on how to proceed with a lawsuit against your employer.
It is also essential to note that you must give your employer the statutory notice period before filing a complaint in court. This is typically 3 months minus one day from the date that your employment relationship ended. If you are a member of a union, they might be able to offer advice about this or even cover the cost of going to a tribunal.
Constructive dismissal is a complex issue, but it can be resolved with the right legal assistance. An experienced employment lawyer can help you navigate the legal process and receive the compensation you deserve. Daniel Badre is an experienced personal injury lawyer in Ottawa who is committed to protecting the rights of workers and their families. Contact him today for more information about how he can help you in your case.
If you believe you have been wrongfully dismissed, there are several steps you can take to seek redress. The first step is to gather documentation related to your employment, including your employment contract, pay stubs, performance reviews, and any communications with your employer regarding your termination. This documentation will be important evidence to support your case.