Legal Law

Constructive Dismissal Claims: What Is A Constructive Dismissal Order In The Work Place?

Constructive Dismissal Claims

For many employers the concept of a constructive dismissal is hard to understand especially if you are not familiar with the BC Employment Code. Constructive Dismissals are not a normal part of employment and there are specific rules that apply. If an employee feels that they have been unfairly dismissed they must first report the incident. Then they must wait for six months from the date of dismissal, so they can make an appeal to the Employment Relations Authority or an employment court.

constructive dismissal

BC’s unlawful process rule also applies to cases of wrongful and cumulative gross misconduct. In cases where an employee has been made redundant or is suffering undue hardship because of their redundancy they may have a case for wrongful dismissal. A company is liable for its actions, whether or not it intended to result in harm. There are different levels of penalties that an employee can receive for wrongful and cumulative discharge. An employee who believes they have been unfairly discharged will have to take their story to the Employment Relations Authority or an Employment Court judge.

Constructive dismissals do not happen very often but they do occur. The first thing an employee should do if they feel they have been unfairly dismissed is to report the incident to the employer. An employee should report anything and everything that is related to the matter including everything that pertains to the level of responsibility, notice of dismissal and any other communications that they had with their boss. If the employer has reasonable cause to believe that an employee has been made redundant or is suffering undue hardship because of the dismissal they must investigate. If the employer does not investigate properly then they may be liable for sexual harassment, discrimination or another form of unfair dismissal.

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Constructive Dismissal Claims: What Is A Constructive Dismissal Order In The Work Place?

If an employee is thinking about resigning they should remember that employers are not allowed to make the decision to fire an employee solely based on whether or not the employee has requested to resign. Employers are also prohibited from penalizing an employee simply for requesting to resign even if they have done so voluntarily. Additionally, if the employer attempts to fire someone under these circumstances they could open themselves up to a wrongful dismissal claim.

To prove the case of unfair dismissal, an employee must provide documentation proving that there has been conduct that is considered unlawful by the employer. This documentation can include things like a recording or account that details the circumstances that lead up to the discharge. To document the event an employee must send a written statement to the employer with the necessary documentation proving the facts of the situation including who was involved, how the event occurred, what happened leading up to the event, the actual event itself including dates, names, and phone numbers, and any proof that will support the above mentioned information. If the employer cannot find any proof to support the events of the discharge the employee may appeal the entire case.

Employers cannot use any type of recruiting tactics to get an at-will employee to resign. An at-will employee is defined as any employee who is hired for a specific position until a point in which they get terminated for cause. An employer can never fire an employee based solely on their request to resign. Firing someone based on their request to resign does not meet employment standards and is considered to be wrongful discrimination. If you are being asked to resign simply because you want to quit your job is not a legitimate reason to feel bad; it’s discrimination.

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