Constructive Dismissals
If you have been in an accident or suffered an illness while at work, it is possible that you might be eligible for a constructive dismissal claim. Constructive dismissal law in Canada is very similar to that of the United States. However, there are important differences when it comes to the United Kingdom and Ontario. This article discusses the main aspects of this important legislation.
In Canada, an employer has to prove that he did not fail to give reasonable notice of dismissal. For this, the employer has to show that he did not engage in conduct of which the employee had complained or did not follow the normal procedures that would have kept him informed about the employee’s status. The act of dismissal also requires the employer to give reasonable notice of continuation or reinstatement to the employee. Reasonable notice of continuation or reinstatement requires the employer to provide notice of the new employment agreement to the employee and also give the employee a reasonable amount of notice so that he can reasonably make arrangements for a new employment.
In order to win a dismissal case, an employee has to prove that the act of which he has been accused satisfies the three tests laid down by the Act. First, the employee must establish that the employer’s notice of dismissal was wrongful. The employee cannot win a case of wrongful dismissal if he does not show that the employer’s notice of dismissal was made unlawful by any statute, legal tradition, or case law. Even if the employer points out that the Act itself permits a wrongful dismissal, such an argument should not succeed if the employer was unaware of the Act itself. For instance, the Tribunal must have been aware of the Act at the time of dismissal.
A Look at Constructive Dismissals
Second, the employee has to establish that the employer’s action or inaction amounts to constructive dismissal. In most cases, the employee must point to the official documentation that states that he was a victim of discrimination. This would usually include something like a copy of a human resource document, or a copy of an employment contract. However, this does not mean that the act of discrimination is required in order to trigger the Act. Rather, it is merely a tool that can be used to demonstrate why the employer’s action is unlawful. In other words, if you can show that you were unfairly dismissed or that there is a valid claim for constructive dismissal, you may succeed in your claim.
Thirdly, the employee has to establish that the employer acted in bad faith or did so in an indifferent or spiteful manner. Again, in most cases the employee has to show that the act of which he is complaining was done in bad faith or with an indifferent attitude. These actions have to be proved in order to win a case of constructive dismissal.
If you feel that you have been unfairly dismissed, the first thing that you should do is to take action. It is important to speak to an experienced employment solicitor as soon as possible. They will be able to give you a clearer idea of your legal position and will ensure that you get the necessary support to win the case. After you have spoken to the appropriate person, you should research the employment law in order to familiarize yourself with its various provisions. By doing so, you will know what you need to do to make a successful constructive dismissal claim.