If you have been without cause, read our guide to case 6 – Violation of company rules. You can also read our guide to case 7 – Unjust dismissal.
Violation of company rules
In the Canada Labour Code, there is a section call Part III on constructive dismissal, which covers situations where an employer violates the terms of its employment agreement with a former employee. For instance, when the employer fails to follow the rules set out in a previous contract, imposes a reduction in pay, or suspends an Employment Contracts without cause, the action may be consider a breach of contract. While the term is vague, the decision is based on a reasonable assessment of the employer’s conduct.
The Court of Canada’s obiter comment in is significant. As it states that if the employer had just cause to dismiss the employee. Then he could have received a suspension instead. Although this is a lesser punishment, it demonstrates that an employer is entitle to impose a suspension if the employee’s conduct is so egregious that he or she could not continue working.
A final example of a case that shows the importance of establishing the requisite conditions for constructive dismissal. In which the plaintiff was a chartered accountant. The plaintiff was subsequently advise to take up part-time contract work to make up for the loss of earnings. However, the defendant claim that he was not an employee as he was paid through a professional corporation.
Unjust dismissal
The process of filing an unjust dismissal complaint in Canada is fairly straightforward. A worker must first fill out the Unjust Dismissal Form. If an employee believes he or she has been unfairly dismiss, they should include all relevant evidence documents with their complaint. The Canada Labour Program will then contact the complainant and the employer to inform them of the complaint. The inspector will attempt to resolve the complaint as quickly as possible, but if the situation cannot be resolve, the complainant can request to be heard by an adjudicator.
If a complaint is successful, the adjudicator can order compensation to the employee or reinstate him to his position. The Canadian Labour Code allows the appointment of an adjudicator to determine whether an employee was fire for a specific reason. In the case, the adjudicator had wide remedial powers. He could have order to be reinstat and compensat if the employer was unable to find a replacement.
In the past, Canadian workers could be dismiss without cause for 100 years. The only remedies available were reasonable notice or pay-in-lieu-of-reason. In addition, employees were not guarantee reinstatement, and the employer was not require to offer monetary compensation. In some cases, however, an employee can request monetary compensation. Website and pamphlets are available to help Canadian workers make the most of their rights.
Sexual harassment
The law regarding constructive dismissal in Canada does not provide a clear definition of “dismissal,” but it does provide a framework for how to determine whether an employee has been unfairly dismiss. A constructive dismissal can be any action that an employer takes against an employee that is unreasonable, or that makes their continue employment untenable. While a case involving an unfair termination of employment could result in a monetary award of damages. A complaint base on sexual harassment would be denied.
Addition to victimized employees, a discriminatory workplace is also harmful to the organization. In general, the workplace environment is adversely affect by sexual harassment, as it decreases employee satisfaction and turnover. Sexual harassment costs employers money in increased costs such as increased turnover, absenteeism, and reduced group and individual productivity. It also requires more management time to investigate the complaint and to pay damages to the victim.
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