The majority of the employees in Canada have heard the concept of getting fired or laid off, but not many of them have knowledge of the concept of constructive dismissal. This happens when an employer alters the terms under which he or she employs the employee thereby compelling him or her out of the job. Constructive dismissal may be subtle and hence employees are usually unable to know when they are being dismissed in this manner. It is a must to be aware of the signs, in order to defend your rights and move in the right direction.
Concept of Constructive Dismissal
Constructive dismissal occurs when your employer changes your role, remuneration or conditions of employment in a way that makes it serious to the extent that it forms the termination of your current contract. As an example, in case your salary is reduced significantly, or your duties are reduced to a point that is way below your qualifications, then it may be regarded as constructive dismissal. The most important is whether a reasonable person can perceive the change as a breaking of the original terms of employment.
Canadian courts consider whether the employer unilaterally changed the employment contract in a manner that will breach the trust upon which the working relationship was founded. Although you may not be dismissed formally, then such changes may be considered as dismissal under the law. That is why these situations should be noted in time and not be taken as insignificant changes.
Common Workplace Changes
A downgrade of pay is clear evidence of constructive dismissal, which can be done by reduction of salary, cutting of bonuses, or deprivation of any benefits that form part of your pay. The other scenario is the drastic alteration in working schedule which interferes with your balance in personal life, particularly when your contract did not state it.
The adjustment of responsibilities is also a typical indicator. In case of being demoted without justification, being deprived of meaningful responsibilities, and being reassigned to do the job which is not commensurate to your qualification, it may be taken as a radical alteration in employment. Any unexpected move (without your consent) to another city or even place of employment can even help prove constructive dismissal.
Unobtrusive Types Of Constructive Dismissal
Not all cases are obvious. There are other instances where constructive dismissal occurs via treatment at work as opposed to explicit alterations to your contract. As an example, when your employer makes your working place hostile or a toxic environment by making it almost impossible to go on with work, that can be considered as constructive dismissal. This may involve constant harassment, unfair performance expectations or intentional omission of key meetings and decisions.
The indirect strategies employers can adopt include phased withdrawal of your duties, denying you the essential resources, or alienating you with your team. Although these measures might seem insignificant initially, they can accumulate over the years and result in a paradigm change in the employment relationship that leaves you with no option but to resign.
The Value of Lawyer Services
In Alberta, employees tend to have an advantage by visiting an employment lawyer Edmonton, who is aware of the local employment standards as well as the local case law. A legal expert will advise you on how to proceed with work, negotiate with your boss or claim it in court.
When you think that you are going through constructive dismissal it is important to consult an attorney before moving. A phone call with an employment lawyer may assist you in knowing whether your case qualifies as constructive dismissal under the law and what damages can possibly be obtained by you. Quitting your job too fast without counsel might damage your prospects of not getting good pay.
Protecting Your Rights
One of the most important things that you can do is to document every change or incident. Write down the variations to your salary, job responsibilities or any form of treatment in the place of work and store all the emails or memos that reflect the variations. This fact will play a vital role in case you are to demonstrate your case in the future.
Delivering suitable actions and identifying the signals of constructive dismissal at the earliest possible stage will help you defend your rights and secure your future finances. Knowing that not every firing is accompanied by a termination letter gives the employees an opportunity to become more effective in protecting themselves against unfair treatment at the workplace.
