• If your employer has changed a fundamental term of your employment without your approval then you may have been constructively dismissed. Here are some examples:
• A reduction in salary may be a constructive dismissal depending on the size of the reduction. For example, a 25% cut in salary is likely a constructive dismissal, however, a 10% cut in salary may not be. The elimination of a bonus may be a constructive dismissal unless it is a true discretionary bonus. A reduction in one or more employee benefits may be a constructive dismissal.
• Significant changes in your job duties can be a constructive dismissal unless you have agreed – usually in an employment agreement – that the employer can change your duties.
• A temporary layoff is generally considered a constructive dismissal.
• If you have been subjected to continuous yelling and screaming, abusive and unfair treatment then you may have been constructively dismissed.
• MacLeod Law Firm has spoken to many employees who want to know whether or not they have been constructively dismissed.

• An employee can commence an action against her former employer in court.
• The Small Claims Court is for claims up to $25 000. For more information about our Small Claims Court practice, click here.
• The Simplified Procedure under Superior Court of Justice is for claims between $25 000 and $100 000.
• A normal action in the Superior Court is for claims over $100 000.
  There can be significant cost consequences for bringing an action in the wrong court.

• A person can file a complaint with the Ministry of Labour for issues such as unpaid wages, holiday pay, overtime pay, vacation pay, termination pay and severance pay under the Ontario Employment Standards Act.
• A person can file a complaint under the under the Ontario Human Rights Code if they believe they have been discriminated against because of one or more personal characteristics such as their gender or a disability.
• An employee can also file claims under the Pay Equity Act, the Occupational Health & Safety Act, and the Workplace Safety and Insurance Act.
• It is very important to consider the consequences of commencing a legal proceeding in the courts as opposed to an administrative tribunal. For example, if a person files a claim for termination pay under the Employment Standards Act then they cannot generally bring a wrongful dismissal action. Similarly, if a person claims for damages for the discrimination they experienced in a wrongful dismissal action then the person cannot generally also file a human rights complaint under the Ontario Human Rights Code.
• To determine whether it makes sense to commence litigation against your former employer, you should meet with the MacLeod Law Firm to discuss your situation. This is called an initial consultation.
• During the initial consultation, we gather the facts we need to provide you an informed legal opinion.

An employee can start an application against their former employer for a human rights violation at the Human Rights Tribunal of Ontario (“the HRTO”). Human Rights applications can also be made against individuals, such as supervisors or co-workers.

The HRTO may award lost wages, lost benefits and general damages for the injury to the person’s dignity, feelings and self-respect.

Did you know that your employer is required to respond to any complaint you lodge concerning this behaviour under the Occupational Health and Safety Act?

You generally have the right to be paid, among other things, vacation pay, statutory holidays and overtime pay under the Employment Standards Act.

You generally have rights under the Occupational Health & Safety Act, and the Workplace Safety and Insurance Act.

You generally have the right to receive reasonable notice of termination unless you have agreed to accept a lesser amount.

You generally have the right to collect employment insurance benefits.

Let’s say you are a 45-year-old middle manager who was earning $60,000 when you were terminated after six years service. You did not sign an employment contract. Let’s say you secured another job paying $60,000 five months after you were terminated.