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I was in a middle management position until yesterday, when…

Customer Question
I was in a...

I was in a middle management position until yesterday, when my employer informed me that after 5yrs I was not longer suited for the job I was in. this came as a result of subordinate staff and lack of support from upper management. when I asked for support after being verbally assulted by said employee.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Bc canada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The position I am in now, makes the individual with the subordinate behavior now have more senority with in the union after the demotion

Submitted: 6 months ago.Category: Canada Law
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Answered in 37 minutes by:
1/4/2018
Lawyer: Debra, Lawyer replied 6 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,610
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 6 months ago

What has your union said about this so far? What are they planning to do?

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Customer reply replied 6 months ago
far we have a meeting to discuss the situation.No shop Stewart was present
Lawyer: Debra, Lawyer replied 6 months ago

Do you understand what constructive dismissal is? And is the union prepared to grieve?

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Customer reply replied 6 months ago
What is my position on attending work?No notice
No documentation
No previous disciplinary action
Customer reply replied 6 months ago
They are but I don't understand the term constructive dismissal
Lawyer: Debra, Lawyer replied 6 months ago

This doesn't apply the same way because you are in a union but you should know the general law.

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.

But in your case you have the union and the collective agreement and so the union will grieve and hopefully get your position back. But they need to do this now and aggressively.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 6 months ago
What is my position on attending work at this point?Do I go in to a demoted position?
Do refrain from going in until settled?
What action is best?
The relationship is ruined regardless.
Lawyer: Debra, Lawyer replied 6 months ago

Ask the union. They have to fight for you so you have to follow their approach.

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Lawyer: Debra, Lawyer replied 6 months ago

Is there anything more I can help you with at this point in time?

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