Constructive Dismissal, Disability Rights, and Employment Law in Ontario
Employment relationships can change unexpectedly. An employee may experience a substantial reduction in responsibilities, compensation, working hours, or other important employment conditions without receiving a formal termination letter. At the same time, employees dealing with a disability may have questions about accommodation, workplace treatment, and their rights under Ontario’s human rights legislation.
Understanding these issues can help employees recognize when professional legal advice may be appropriate.
What Is Constructive Dismissal?
Constructive dismissal can occur when an employer makes a significant unilateral change to a fundamental term or condition of employment. Rather than directly dismissing the employee, the employer’s actions may effectively make continued employment unreasonable or substantially different from what was originally agreed.
Ontario’s Employment Standards Act, 2000 recognizes constructive dismissal as a form of termination in certain circumstances. Examples can include a significant reduction in salary or a substantial negative change to working hours, work location, authority, or position. …
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