If the employer tries to penalise you because of it, the officer assigned to investigate your claim may consider it a reprisal, which has serious consequences.
It is possible you may not agree with the officer’s decision, if so, you have a right to appeal the officer’s decision to Ontario Labour Relations Board. The Board is an independent body whose decisions are final and binding on both parties. It does not cost you money to request an appeal but you must do so within 30 days. Likewise, the employer too can file an appeal against the officer’s decision. However, it may be required to pay the Ministry any amount found to be owing to you. This amount remains with the Ministry till the Board makes a decision. The Ministry then distributes the money to parties according to the Board’s decision.
When the employment relationship ends, it may happen because you resigned voluntarily or find it hard to continue working under the circumstances or are fired. If you resign voluntarily, you are not entitled to anything and in most situations are not required to give notice to the employer, however, if you are fired, you may be entitled to proper notice or pay in lieu of notice unless the exception to the entitlement applies. One need not accept the explanation provided by the employer. You may also find you are unable to continue working under the circumstances and decide to resign because:
“Resign or Else” leaves little choice and is considered as the clearest type of constructive dismissal. The ultimatum to resign is given or dismissal will occur immediately or other unfavourable actions.
Harassment to Effect a Quit
Harassment, which results in a quit, is considered a forced resignation. For instance:
Breach or Repudiation of Fundamental Contract by Employer
The employee cannot refuse to accept a trivial change in an employment contract. If he/she does so, it could be treated as a refusal of “reasonable alternate employment”. In such a situation, the employee would not be entitled to termination and severance pay. An employment contract can specify that changes may be made from time to time. The employee is not considered constructively dismissed if changes are made as part of the contract
This information is only provided to guide you about your entitlements under the Employment Standards Act, 2000 and should not be considered as a legal advice.
If you or anyone you know has questions regarding his/her employment, you can contact the writer by e-mail at firstname.lastname@example.org or by fax at (905) 331-1805.