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Canada - Demotion

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  • Canada - Demotion

    In Ontario, if an employee is demoted - are there any rules that apply? I have looked at Ontario's Employment Standards Act. Is there anywhere else to look?

    thanks.

  • #2
    demotion

    http://www.wrongful-dismissal.com/Le...w-Document.htm

    "3. CONSTRUCTIVE DISMISSAL

    There can be many circumstances where the conduct of the employer may legally terminate the employment relationship, where there are no direct words of termination conveyed to the employee. In such a situation the employee may assert that the employer's actions may be constructed to be the same as termination. To succeed the conduct must "go to the root" of the expectations of the parties. Typical examples are a dramatic reduction in compensation, a substantial demotion in responsibilities, or conduct which is abusive. Care must be taken in making such an assertion in that the employee must usually end the relationship, accept immediate unemployment in the hope of winning or successfully negotiating a severance payment. A good example of a constructive dismissal is the recent case of Galbraith v Acres."

    I hope that helps.

    Regards,

    Mandi
    Mandi
    www.laborlawtalk.com

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