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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1257
Experience:  Lawyer
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I am senior manger working in Vancouver. few months my

Customer Question

I am senior manger working in Vancouver. For last few months my supervisor has been harassing me and manipulating my work report . I tried to arrange meeting with CEO but He believe what my COO says, without giving me chance to explain. It made my job stressful. I made a formal complain to CEO & president about Bullying & harassment. Then CEO met me and asked to meet me with COO right after the meeting. I explained with facts and documents in the meeting how COO is harassing me in front of other staff.
Meeting was eyewash and COO behaviour during and after the meeting was again harassing. I then send email to board members as per our HR policy so they can intervene.
I felt very uncomfortable and went to hospital and took last week off. Now when I want to return COO asked me to sign a consent for my physician to release my medical history. When I asked CEO & President that it is not in the HR Policy.
I got another email, saying they have serious performance issue lately and that's why it is employer right to ask this consent and another form to be filled by physician for my back to work fitness. My performance issue was never discussed with me by CEO/COO.
Instead of investigating my allegation of harassment by COO as per our HR policy, CEO is blindly supporting further the COO, without following the HR Policy procedures.
Q:Is there any law or legal support I can get as it look like they are falsely making a case to get rid of me. CEO and COO has done this in the past to other employees also.
Submitted: 12 months ago.
Category: Canada Law
Customer: replied 12 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Daniel Freudman replied 12 months ago.

It sounds like there is ongoing harassment, and possibly even a pattern of this as a form of getting employees to quit. In such cases where systemic harassment makes it near impossible to continue properly working, then if you quite as a result of the harassment you may have a case for constructive dismissal. In other words, you would argue that your employer made the workplace so difficult that you had no choice but to quit, and thus were essentially fired. In such case, assuming, you were an employee (rather than an independent contractor) you should be entitled to termination pay, and possibly also severance pay depending on the circumstances.

Hopefully that is of assistance.

Customer: replied 12 months ago.
I know if I ask for termination pay they would give, but question here is that I want CEO to be held accountable. They are asking my consent for my physician to release my medical history. There is no reference to this procedure in our HR Policy.
And it is a privacy concern. Is there a law in Canada where employee can deny access to his/her medical history from physician.
Expert:  Daniel Freudman replied 12 months ago.

If there's no procedure for it in the HR policy and nothing in the contract you signed that entitles or allows them to retrieve such, I don't see how they have any lawful right to demand it. Correspondingly, if they fire you for refusing, it sounds to me like that would be an unlawful dismissal. Unlawful dismissal would be grounds for a suit against the company- I know that's not the CEO personally but he would be indirectly held accountable through the suit being brought against his company as a result of his conduct.

Customer: replied 12 months ago.
Is it possible to have similar example of dismissal and employee successful suit against company under BC, Canada law.
I am looking for such case before I decide my next action. Can you guide any online repository of such cases in canada
Expert:  Daniel Freudman replied 12 months ago.

Constructive dismissal applies in BC as well. The following link should help:

https://www.labour.gov.bc.ca/esb/igm/esa-part-8/igm-esa-s-66.htm

As for an online case repository, canlii.org is a good free site to check cases in specific provinces as well as across Canada.

Hopefully that answers your question.

Expert:  Daniel Freudman replied 11 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you.

Expert:  Daniel Freudman replied 11 months ago.

Sorry to bother you, but would you kindly provide me with a positive rating so I can receive payment for my services. Thank you

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