Am I being constructively dismissed? CONSTRUCTIVE DISMISSAL IN ALBERTA

The term “constructive dismissal” can be confusing for many employees. Let’s look at the story of Jane, an employee at ABC Corporation, and explore how the Alberta Employment Standards Code applies to her in context of her new role.

Meet Jane: Jane has been working diligently at ABC Corporation for several years now. She considers herself to be a dedicated employee, putting in extra hours and going above and beyond her duties when needed. However, ABC Corporation recently underwent a restructuring that saw Jane move into a new role. This role feels like a demotion – there are significantly increased responsibilities without any additional compensation. Inevitably, this is going to require her to work longer hours and now, Jane is left questioning whether she’s being constructively dismissed.

Constructive dismissal isn’t always as straightforward as a change in working hours. It occurs when an employer unilaterally makes significant changes to an employee’s terms and conditions of employment without their consent, essentially forcing the employee to resign. In Jane’s case, the company’s restructured policy requires her to work longer hours without any additional compensation.

Feeling overwhelmed, Jane engages the services of an employment lawyer. The lawyer explains that constructive dismissal isn’t just about the overt, obvious changes; it can also be about how you’re treated at work. It can result from a pattern of behavior that creates a hostile work environment. Jane reflects on instances where she felt marginalized and undermined, contributing to her overall dissatisfaction.

Jane’s lawyer advises her to document these instances meticulously and emphasizes the importance of clear communication with her employer. Together, they draft a comprehensive letter outlining not only the demotion but also the subtle instances of mistreatment and the impact on Jane’s well-being. This documentation becomes a crucial aspect of Jane’s potential case.

Armed with legal advice and a well-documented case, Jane confronts her employer. The employer, realizing the gravity of the situation, enters into negotiations with Jane. After a series of discussions, they agree to reinstate Jane to her previous position with appropriate compensation for the interim period. This resolution not only addresses the demotion but also the broader issues Jane faced in the workplace.

Jane’s journey is just an example of the multifaceted nature of employment law challenges. It shows that understanding your rights at the workplace is important. If you find yourself entangled in a similar web of complexities at the workplace, give us a call at (403) 283-8018.

At Osuji & Smith Employment Lawyers, we’re here to answer all questions regarding your employment matter. Remember, understanding the nuances can be the key to navigating through your employment situation successfully.

Author: SHIKHA SHUKLA

Also read: What is constructive dismissal in Alberta? & WORKPLACE HARASSMENT & CONSTRUCTIVE DISMISSAL LAWYERS IN CALGARY