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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96405
Experience:  Lawyer
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Do I have any right after a couple of years passed to claim

Customer Question

Do I have any right after a couple of years passed to claim stress leave for being sexually harassed and absolutely nothing done about it. the harasser actually got praise for doing overtime. Now I feel such distrust for the management [ which is a revolving door ] I feel I am some running joke for these men,I also feel I am not myself anymore. The only reason I am there is I have to eat. I am in seeking new employment, but have to little time due to pure physical exhaustion, It is a sweat finishing shop.
Thank you for your time.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
I am sorry to hear this. The situation does sound like this may be a case of constructive dismissal. When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working. If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages. If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to. Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice. Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc. At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less. You can also consider filing a complaint with your province's Human Rights Commission/Tribunal. But there is no such thing as claiming stress leave. You cannot simply take a leave because of poor treatment at work.

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