Trade Unions Play in Constructive Dismissal Cases
Trade unions are a key part of the workplace. They provide employees with a way to protect their rights, including the right to be free from harassment and discrimination. Trade unions also have the ability to negotiate with employers regarding wages, working conditions and other aspects of employment. In addition, trade unions have the power to initiate legal proceedings against their employer if they are not satisfied with the outcome of their grievance.
When an employee believes that their employer has breached a labour or employment law they can file a complaint with the appropriate government agency or initiate civil litigation. This could include filing a claim with the Ministry of Labour or a civil court lawsuit against the employer. In either case, an experienced Toronto constructive dismissal lawyer can help employees understand their options and the strength of their case.
The concept of constructive dismissal was developed to address the fact that some employers made working conditions so intolerable that it became impossible for employees to continue their employment. In some instances, these intolerable conditions were designed to discourage employees from seeking out trade unions to seek protection through the collective bargaining process. The legal concept of constructive dismissal has since been extended to non-unionized workplaces as a means to protect workers from harassment and discrimination regardless of whether the employees are unionized or not.
What Role Do Trade Unions Play in Constructive Dismissal Cases?
There are a number of factors that can trigger a constructive termination claim. The most common is a significant change in work conditions that makes it impossible for the employee to continue their job. This can include anything from being moved to a significantly inferior workspace, increased workloads, changes in shifts (such as going from 9 to 5 to overnights) or even being demoted.
In addition, there are many different factors that can be taken into account when assessing the severity of a constructive dismissal claim. These can include the age of the employee, the length of time they have been with the company and the availability of similar jobs in the area. For example, if an employer was to suddenly fire a Vice President, it is likely that they would have a harder time finding a new position than if they fired a fast food cashier.
Constructive dismissal occurs when an employer breaches a fundamental term of an employment contract, thereby compelling the employee to resign. This breach could take various forms, such as significant changes to job responsibilities, demotions, harassment, or hostile work environments. Crucially, the breach must be serious enough to justify the employee’s decision to resign. Mere dissatisfaction or minor disagreements are insufficient grounds for constructive dismissal claims.
If you believe that your workplace is hostile and you are being harassed or discriminated against, you should contact an experienced employment lawyer immediately. Achkar Law can assess your case and determine the strength of your claim for compensation for constructive dismissal. Contact us today for a free case evaluation with an employment law attorney.
