Employment Law Assistance:

Question: What should I do if my employer in Ontario changes my job duties or pay and I believe it amounts to constructive dismissal?

Answer: Melville Legal can help you understand whether the change in your compensation, position, or core duties could trigger constructive dismissal, and what steps to take next to protect your rights under Ontario employment law.  In Ontario, constructive dismissal can occur when an employer makes a unilateral change that substantially alters the terms of employment, and you may have options such as documenting the changes, reviewing your contract against Employment Standards Act, 2000, S.O. 2000, c. 41, and considering a complaint or claim within applicable timelines.  A paralegal can also help you identify related issues like notice, unpaid wages, human rights concerns, and appropriate next steps based on your specific facts, including how to respond without worsening your position.  For a practical, Ontario-focused assessment, call (289) 981-7712 to discuss your situation with Melville Legal.

Understanding Rights and Duties Within Employment Relations

The various disputes and lawsuits that may arise from employment relationships are more and more frequent in the world today as long gone are the days of substantial loyalties between employer and employee whereas times have changed since days when a boss would be a dinner guest or a gold watch was given to a thirty (30) year employee.

What Is Employment Law

Employment law applies to employment relationships without unionization as opposed to circumstances where an employment relationship involves unionization as is subject to labour law.

Generally, principles within the employment law realm will favour and benefit an employee rather than employer.  The laws general favouring of employees arises from the view that employees are more vulnerable throughout the employment relationship, including when seeking work, when negotiating raises, when subjected to discipline, and when terminated.  Essentially, the law presumes that employers possess a greater level of legal sophistication, a stronger bargaining position, and a greater financial capacity to participate within legal disputes.  Accordingly, the law provides various protections that attempt to balance the playing field to the benefit of employees.

Employment law involves both statute law, being the law established by government legislation as well as common law, being the law established by judicial precedent decisions.  The laws applicable to an employment relationship are many and include, among others:

• The Employment Standards Act, 2000, S.O. 2000, Chapter 41;
• The Human Rights Code, R.S.O. 1990, c. H.19;
• The Occupational Health and Safety Act, R.S.O. 1990, c. O.1;
• The Pay Equity Act, R.S.O. 1990, c. P.7;
• The Workplace Safety and Insurance Act, 1997, S.O. 1997, Chapter 16, Schedule A; and
• The tens of thousands of previous case decisions that constitute as the common law.

Representation

Help may be available to either employers or employees on a variety of issues and arising from a broad spectrum of employment environments including industrial, construction, professional, administrative, health care, retail, among other sectors.