Canada’s Courts have identified 7 key markers as to when a Constructive Dismissal has occurred.
1. Have you been demoted or had key duties and responsibilities taken away from you?
2. Has the workplace become so toxic due to discrimination or harassment that you can no longer be expected to continue in your role?
3. Has your employer failed to reinstate you to your proper position after an authorized parental medical or other permitted leave?
4. Has your employer failed to provide you with reasonable accommodations for your documented medical needs or any other needs that are protected by Human Rights Legislations after you specifically asked for these accommodations?
5. Have your hours, location, compensation, or any other key terms of your contract changed without your consent, or without proper notice to you?
6. Have you been laid off by your employer without them having the proper contractual or statutory authority to do so?
7. Has your employer demonstrated by conduct that it no longer intends to be bound by the terms of its contract of employment with you?
If any of these have occurred you may have been constructively dismissed and you should get some legal advice.
- Simran Bakshi, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
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