Constructive Dismissal Alberta
Are you in a conflict with your employer? Are you being unfairly treated? Did they change the terms of your employment agreement without consulting you? Do you believe you are being coerced into resignation?
If you answered positively to the queries mentioned above, you are facing constructive dismissal. Is that a term you are familiar with? If it’s not, do not fret. We will help you understand what is constructive dismissal Alberta and how you can deal with such a situation.
What Constitutes Constructive Dismissal in Alberta?
The term constructive dismissal refers to the act when an employer intentionally changes or breaches an employment agreement or contract without the knowledge or consent of the employee. This conduct of an employer is known as a “repudiatory breach.”
Due to this act, the employee might be forced to resign, i.e., the employee is indirectly being dismissed. In such cases, the employee can then claim an employment tribunal and are compensated for being untimely dismissed.
A constructive dismissal is an act of crime, and there are severe consequences for those who commit it. Therefore, we recommend all employers be careful and treat their employees correctly. Putting yourself and your company through a legal issue is not worth the effect the entire ordeal will have on your brand image.
What Can be Classed as Constructive Dismissal?
A unilateral action taken by an employer that forces the employee in question to leave the job could be classed as constructive dismissal. Given below are some of the most common reasons that lead to constructive dismissal.
- Demote the employee without any reason or warning
- Failed to ensure the working environment is safe and secured
- Refusal of paying wages or salary
- Refuse to give the incentives or benefits per your contract
- Not taking action against other employees who might be bullying, discriminating, or harassing the employee in question
- Forcing the employee to accept and follow unreasonable or unfair changes at work
What Evidence is Needed for Constructive Dismissal?
It is crucial that if you, or any employee working under an unfair employer, want to build a case against constructive dismissal, you must leave the job as soon as the employer breaches the contract. Otherwise, the employer can later claim that you accepted the changes without any complaints or actions.
Only then can you claim that as a response to your employer’s unjust conduct, you resigned. Now, all you need to do is collect evidence to prove your claim.
Incidentally, in 2015, the Supreme Court of Canada declared two special tests to prove the constructive dismissal of Alberta. The first test will examine the level of damage you must bear due to your employer’s breach of contract.
If the act altered the terms of the agreement completely, it will be a strong piece of evidence for you. The second test will examine whether the employer means to follow the employment contract at all based on the act of breach.
Of course, the tests mentioned above must be conducted only if the required legal elements are met. The tests should also be done with the guidance of professionals. Thus, the importance of getting a well-practised lawyer.
You will have 90 days timeline from the day you resigned to claim your employment tribunal. Thus, please do not delay, and we suggest you seek legal aid, as a lawyer will be able to handle the situation better. The chances of you being compensated will be higher. So getting in touch with a lawyer will be one of the best solutions.
What is a Fair Settlement for Constructive Dismissal?
It is not easy to determine or put a figure to the fair settlement term. According to the constructive dismissal Alberta law, four factors will be taken into consideration while determining the payment.
- Age of the constructive dismissal victim
- The period of service or employment in the company
- Employment position in the company
- The availability of the same position in the job market
On that note, depending on the factors as mentioned above, you might according to receive benefits and salary for the next year.
To sum it up, if you have faced constructive dismissal, Alberta, we highly recommend you to hire an employment lawyer. A lawyer will be able to build a strong case and collect the necessary pieces of evidence. They will also ensure your claim is successful and you come out of it with good settlement money as compensation.
Constructive dismissal is a major issue and is taken quite gravely in Alberta. It is everybody’s right to work in a safe space and to feel secure mentally, physically, and emotionally.
No one, especially your employer, should get away with unjust misconduct that will harm you in the short and long run. Thus, if you are going through such a crisis, we encourage you to take immediate action.
Frequently Asked Questions
Here are some frequently asked questions about constructive dismissal Alberta that we hope will help you with a clearer idea.
As a victim of constructive dismissal, it is important you do not remain quiet and take in the workplace abuse. You need to take action and resign, too, if your voice and actions are not making any difference.
Yes, if you want to claim compensation and build a case against your employer’s misconduct, it is necessary to resign. In fact, you need to resign immediately and file a lawsuit.
If you decide to file a case without quitting or after a while since the misconduct, there is a chance your case could be considered invalid. This is because your employer will be able to claim that you did not take immediate action when the misconduct occurred, i.e., you accepted the changes without a fight.
Yes, you can claim constructive dismissal compensation directly. However, the chances of you building or having a successful case will be zero to none. This is because constructive dismissal is an act, which is quite complex and delicate. It must be dealt with meticulously.
Thus, it is wiser to hire a lawyer who will be able to build and represent your case. You can then rest assured that you will receive compensation.