What Is Constructive Dismissal? – When an employee feels that he or she has been unfairly dismissed
What Is Constructive Dismissal?
A dismissal is a court decision that states that a person, usually a manager, has contravened or broken the rules of a contract. The employer will appeal the decision to the court and it is there that the dispute turns into what is known as constructive dismissal. Constructive dismissal is an important part of the law because it means that an employee was let go for a reason other than discriminatory or illegal behaviour. The reasons can be anything ranging from inappropriate sexual conduct to excessive use of drugs or gambling. It is important to note that a dismissal should not have been made due to some wrong intention on the part of the employee.
In Ontario, when an employee feels that he or she has been unfairly dismissed, they have the right to appeal the decision to an employment tribunal. This is where the actual appeal process takes place. If you are being forced to go through this process, it is very important to remember that the laws in Canada are very different to those in the United States. There are several different pieces of legislation that are applicable in this situation and understanding them is essential in order to protect your rights.
Every year, hundreds of thousands of cases are decided in the work place and the majority of these result in the dismissal of an employee. Even if you do not know anything about the laws in Ontario, it is still recommended that you learn as much as possible so you have an adequate knowledge of what to expect. As you study, you will find that the majority of constructive dismissal cases in Ontario result in the dismissal of an employee for some type of discriminatory reason. Being informed can be very important in this situation and it should be taken seriously.
constructive dismissal toronto
When an employee feels that he or she has been unfairly dismissed
One thing that many people do not realize about Ontario’s laws is that all of them are considered to be discrimination under Canadian law. As a result, if you are ever faced with such a situation, you must make sure that you take the matter very seriously. As long as you know what is happening, you should be able to handle the situation yourself. It is not worth it to waste time or money in an effort to fight a case that you know nothing about. In most cases, you will be able to get the same result that you would if you just discussed the matter with your employer and they simply informed you of the rules.
If you choose to go forward with filing a court case, it is important to understand that you will most likely not be able to get much money if you are successful. Courts in Ontario tend to hand out extremely low settlement amounts. Employers who file their own legal documents to fight a case generally receive a significantly lower amount of compensation than if they had gone the traditional route. If you are determined to go ahead with filing a case, it is also important to know that the process can be very lengthy. Depending on the nature of the case and the amount of work involved, you could have up to four months to complete the process.
Employers should not simply ignore a constructive dismissal claim. If you are ever asked to turn in your resignation, it is important to ensure that you have sufficient proof that the circumstances were indeed “unusual and irrelevant”. This means having to show that the reason you resigned was not based on any type of real or even imaginary reason. Even if your case does go to court, it is usually easier for the employer to avoid having to actually go to court if they can simply provide you with a form that you should fill out to show that you think the company did something wrong.