What Protections Exist For Employees Who Report Workplace Misconduct?

constructive dismissal

If you are an employee and have spoken out against workplace misconduct, you should be protected from retaliation by your employer. You may be able to file a complaint and receive compensation if your employer retaliates against you in the form of harassment, discrimination, or unfair treatment. It’s important to understand your rights and speak with an employment lawyer if you believe you are the victim of such mistreatment.

Retaliation may include any adverse employment action taken against you because you reported or attempted to report harassment, discrimination, or unfair treatment at work, filed a discrimination or harassing claim with the Human Resources Tribunal of Ontario (HRTO), participated in an equal opportunity investigation or lawsuit by your employer, or engaged in other protected concerted activities, such as filing a grievance or speaking out against unsafe conditions at work. In order for your employer to be found liable for retaliation, the retaliation must be direct and substantial and must occur after you made a report of retaliatory conduct. This could include demoting you without justification, putting you on a project or assignment that will be unlikely to succeed, making you feel uncomfortable at work, or even physically harming you.

It’s important to remember that it is the employer who must demonstrate a breach of the term of trust and confidence implied in all contracts of employment. This breach must be severe and pervasive, and it must cause you to leave the job. The term “intolerable working conditions” means that your employer has created working conditions that are so intolerable that a reasonable person in the same situation would resign from their job as a result of them.

What Protections Exist For Employees Who Report Workplace Misconduct?

To establish a constructive dismissal, you must be able to show that the circumstances were so intolerable that they caused you to quit your job without another offer lined up. This is difficult, and it is only around 5% of claims that win in court. To have a good chance of success, you should document every instance of misconduct that occurs, especially the last straw incident. Evidence can include written documents, emails, voicemails, and other forms of electronic communication. It is also helpful to have documented incidents that occurred prior to the alleged incident of misconduct.

If the retaliation is not so severe and pervasive, you can still pursue an HRTO investigation. HRTO only investigates complaints that meet certain criteria, including a significant breach of the employment contract or a breach of the employment standards act. The definition of serious breach is broad, and it includes acts such as theft, fraud, violence, or any other gross misconduct that a reasonable person would find to be unacceptable.

An experienced Toronto employment law firm can evaluate your case and determine if you have grounds for a claim. It is important to consult with a constructive dismissal lawyer near me, and to have any issues resolved in the appropriate forum. It’s always better to resolve matters at the workplace rather than escalate them to the courts, and it will make it more difficult for your employer to retaliate against you in the future.