Page 28 - GBC Fall 2024 ENG

Darcy Michaud, CHRL, MA
Darcy is a 25-year expert in human resource legislation and employment law in all Canadian jurisdictions. Darcy now serves as the Vice President of HR Services at HR Covered, managing a team of consultants across Canada. Contact Darcy at darcy@hrcovered.com | 1 (866) 606-0149.
The term constructive dismissal has become more familiar to both employers and employees. Events such as the pandemic and the uncertainty of the financial and labour markets that followed forced employers to make difficult opera- tional decisions. For some employers, this required laying off employees. Other employers tried to make things work by amending work schedules, temporarily reducing the rate of pay for employees, etc. Although most employers were trying to stay afloat, all of these actions would constitute constructive dismissal if challenged by the employee.
In this article, we will explain the legal concept that is constructive dismissal, the liability for employers, particularly as it pertains to golf courses, and how you can best navigate this complex aspect of employment law.
WHAT IS CONSTRUCTIVE DISMISSAL?
Constructive dismissal may occur when an employer makes a unilat- eral, meaningful change(s) to an employee’s terms or conditions of employment. It is most easy to understand the concept of construc- tive dismissal if you accept that an employment agreement is, in fact, a mutual legally binding contract. When one party, generally the employer, makes a meaningful change to a legal contract, the
28Golf Business Canada
Constructive
Dismissal
A Closer Look at Employer Liability