Ontario Constructive Dismissal

[vickyp]

#80030

Currently we have an employee responsible for all of Canada in their role reporting into Corporate VP who is located in the United States. The VP is being terminated and we are looking at having the employee report to a job level below the VP, whilst there are others they could report into that were at the Corporate VP level. Also wanting to add to their responsibility a State to manage. Is this deemed as constructive dismissal? The employee is not comfortable with the change due to both the reporting structure and the add of American business which they have had no exposure to.

[vickyp]

#80031

Yes. It comes from 2 sources:
1. Section 125(1) of the Canada Labour Code (excerpts pasted below); and
2. Common law, i.e., court made law, specifically in the context of due diligence which holds that employers must prove they’ve implemented an OHS program to prove that they took the reasonable steps to ensure compliance necessary to demonstrate due diligence,

• Section 125(z.03) develop, implement and monitor, in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative, a prescribed program for the prevention of hazards in the work place appropriate to its size and the nature of the hazards in it that also provides for the education of employees in health and safety matters;
• (z.04) where the program referred to in paragraph (z.03) does not cover certain hazards unique to a work place, develop, implement and monitor, in consultation with the work place committee or the health and safety representative, a prescribed program for the prevention of those hazards that also provides for the education of employees in health and safety matters related to those hazards;

Hope that helps. Glenn

[Author]

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