A constructive dismissal case arises when a person loses his or her prestige or role in the organization. It could be as simple as a change in the duties of the job or working hours. Common law may not always apply in these situations, but the Employment Standards Act 2000 has set minimum standards for the constructive dismissal complaints of workers.
CIRB adjudication of unjust dismissal complaints
If an employee believes that he or she has been unfairly dismissed by a company, they may seek CIRB adjudication. To do so, the complainant must first follow the procedure required by the termination of employment ontario. Then, the complainant must file a written request for adjudication.
The CIRB will send the complainant a letter acknowledging receipt of the Referral for Adjudication, along with copies of relevant documents. The letter will also include the name of an independent review officer (IRO), a person who will manage the complaint and help both parties reach a settlement.
In recent decisions, the CIRB has ruled on the managerial exception, an exception that excludes managers from the unjust dismissal regime. Two of the most recent cases concern this exception, Jerry Peter v Ditidaht First Nation and Saunders v WestJet.
The hearing is typically conducted in the same location where the employee reported to work. However, the adjudicator has the authority to choose a different venue. Before the hearing, the parties involved must contact the adjudicator to schedule the hearing. The adjudicator will set the date, time, and location of the hearing.
The adjudication process will determine whether an employee was unfairly dismissed by an employer. During the hearing, both sides will present evidence and witnesses. The procedure will be less formal than a court of law, but the adjudicator will make an independent and neutral decision about the alleged unjust dismissal.
CIRB principles of progressive discipline
The CIRB principles of progressive discipline for constructive-dismissal complaints in Canada provide an alternative to straight dismissal in addressing poor performance. This process helps improve the efficiency of the business and saves time and money. It also provides a solid basis for defending an employee against a claim of unjust dismissal.
A CIRB decision can impose remedial measures for a constructive-dismissal complaint, including reinstatement, compensation for lost wages, or a clean record for the employee. The Board may order an employer to pay the difference between the employee's actual pay and his/her previous compensation.
A CIRB decision can be rendered without an oral hearing. In these cases, the CIRB will use the written submissions of the parties to reach a decision. It is important for the parties to make their submissions comprehensive, including all relevant information and documents.
In addition to the CIRB principles of progressive discipline, Canadian courts have made it clear that employers cannot dismiss an employee for no reason. A company must have given the employee reasonable notice that his or her job may be at risk of termination. For example, in Phillips Cables v. Li, the employee was required to sign a release and settlement agreement.
A court may consider the termination of an employee for a number of reasons, including insufficient work hours. However, it can also be a cost-cutting measure that violates the Code. In these cases, the employer must ensure that other employees do not suffer the same fate.
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