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. An employee generally needs to resign in response within a reasonable period for the situation to be treated as a termination under the legislation.
Because the circumstances can be complicated, an employee considering resignation after a major workplace change may wish to consult a constructive dismissal lawyer Toronto employees can contact for advice before taking action.
Workplace Changes Require Careful Assessment
Not every workplace change amounts to constructive dismissal. The significance of a change depends on the circumstances, including the employee’s contract, job responsibilities, compensation, workplace history, and the nature of the change.
For example, a modest adjustment to duties may be a normal management decision, while a substantial reduction in compensation or a fundamental change to an employee’s position could raise different legal questions. Ontario’s employment standards guidance emphasizes that constructive dismissal is a complex issue that depends on the circumstances of the employment relationship.
Employees should therefore avoid assuming that they have been constructively dismissed simply because their workplace has changed. Reviewing the employment agreement and documenting the changes can provide useful information for determining what options may exist.
Disability Rights in the Workplace
Employees with disabilities are also protected by Ontario’s Human Rights Code. The Ontario Human Rights Commission explains that the Code applies to employment and prohibits discrimination based on disability throughout various stages of the employment relationship, including recruitment, training, promotion, discipline, dismissal, layoffs, compensation, hours of work, and benefits.
Disability can include past, present, or perceived disabilities, and some disabilities may not be immediately visible. The legal protection therefore extends beyond circumstances involving an obvious physical condition.
Employers may also have a duty to accommodate employees with disabilities to the point of undue hardship, subject to the requirements of the Human Rights Code. The legislation identifies factors such as cost, outside sources of funding, and health and safety requirements when assessing undue hardship.
When Disability and Employment Changes Overlap
Sometimes employment changes and disability-related issues occur at the same time. For example, an employee may be returning from a disability-related absence and encounter changes to their position, duties, schedule, or working arrangements.
In these situations, several legal questions may need to be considered together. An Ontario workplace disability lawyer can help an employee understand how employment law and human rights protections may apply to the specific circumstances.
Discrimination does not necessarily have to be intentional. The Ontario Human Rights Commission notes that disability discrimination can occur when a person experiences negative treatment or impact because of disability, and that disability may be only one factor contributing to the treatment.
Keep Records of Important Workplace Events
Employees facing significant employment changes should consider keeping copies of relevant documents. These may include employment agreements, pay statements, workplace policies, emails, text messages, performance reviews, accommodation-related communications, and letters concerning changes to employment.
Maintaining a chronological record can also be helpful. Employees may wish to note when changes were announced, what was changed, how the changes affected their employment, and how they responded.
Documentation does not automatically establish a legal claim, but it can help provide a clearer picture of the employment relationship and the events leading to a dispute.
Learn More Through Employment Law Videos
Employment law can involve unfamiliar terminology and complicated legal principles. Employees who want to learn more about common workplace issues may find Toronto employment law videos useful as an accessible educational resource.
Video guides can help explain subjects such as employment contracts, termination, severance, constructive dismissal, workplace rights, and human rights issues. They can also help employees identify questions they may want to discuss with a qualified legal professional.
However, general educational information should not be treated as legal advice. The outcome of an employment matter depends on the specific facts, documents, contractual terms, and applicable legislation.
Taking the Right Steps After a Workplace Change
A significant change in employment does not necessarily mean that an employee has been constructively dismissed, just as a disability-related workplace issue does not automatically establish discrimination. Each situation requires an assessment of the relevant facts and applicable law.
Employees who are considering resigning because of substantial workplace changes may wish to seek legal advice before doing so. Similarly, employees experiencing disability-related discrimination or accommodation concerns may benefit from understanding their rights and available options. By keeping accurate records, reviewing employment documents carefully, and obtaining appropriate legal information, employees can better understand their position before making important decisions about their employment.
