Constructive Dismissal in Alberta, Canada.
This is a discussion on Constructive Dismissal in Alberta, Canada. within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; On Wednesday the 15th of December, a manager had phoned me regarding a shift change, stating that I had missed ...
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|Dec 30th, 2010, 07:09 AM||#1|
Join Date: Dec 2010
Constructive Dismissal in Alberta, Canada.
On Wednesday the 15th of December, a manager had phoned me regarding a shift change, stating that I had missed an 11pm-7am shift the day prior. I was puzzled over this, as the Shift manager had told me otherwise. I worked the overnight shift (11pm-7am),...then went to school (9am-4pm), was expected to work the 11pm-7am shift again, go to school from 9-4 and then work 7-12 on Thursday
I called in sick on Thursday, stating that I felt my shifts were unreasonable and that I was calling in sick. Even after I told him about being up for over 24 hours, he said "What's wrong with you tonight?" I told him "Sleep deprivation. I guess. Then he made patronizing remarks in a mock-baby tone of voice, which I found disturbing as he had been a Teacher before he was a McDonalds manager. The next day was one of the coldest days of the year and I phoned in...this time he said I already had 2 absences and that it was my fault for missing Tuesday, as I was supposed to look at the schedule every Wednesday, even though my shifts were changed between the preceeding Wednsday and the Wednesday before that.
Long story short, I told him I'd have to call in sick again, he responded that if I didn't show up within 1 hour he would "assume that I had quit" then we had a dispute and he later told the other staff that I had called in saying "I quit", which was a lie that I can easily prove as false, as I have recorded my side of the conversation.
I believe there is evidence sufficient to establish intent and apparent malicious misconduct and defamation of character, apart from the other facts. The restaurant is making no attempt to contest all the statues I listed that it "may" have contravened. It's actually resorting to finger-pointing and they're saying "I'm trying to justify my actions with the law". I had no shifts and had been removed from the schedule and had tried fruitlessly to meet with the manager, two times he was "too busy" or had just left the building. This all took place over a period of 12 days, during which I did my utmost to excercise due diligence and meet an agreement. On the 29 I finally met with the employer and he said: "This is just one phone call, we have lawyers and millions of dollars" he said in a way that made me contemptuous. My resignation was tendered on the 28th, as I had both tried to reach agreement and yet did not want to give them the option of arguing Volenti non fit injuria. I have recorded what was said as I handed it in, The manager on duty refused to sign it as witness, though.
The employer tried saying that since I had listed my availability as being from 5pm-7am, that he could make me work any amount of shifts during those periods of time, often discarding the notion of my attending classes altogether and subsequently stating that he understood the time I was in school to be "8 hours rest" and that it wasn't his problem He would keep changing his story from claiming I didn't tell him about it (I did) and then giving a negligent reply. He asked me why I wasn't available when I "should be" and my response was "you guys advertise flexible hours" in addition to the laws I listed.If I had known he was going to say that, I'd have resigned as soon as I found out Furthermore, the ex-school teacher slandered me and misrepresented what I said with no mere negligence, but intent, as my last words on the phone with him were "I don't quit, either" I lost my job over this, having been effectively constructively dismissed. I resigned and made an offer to settle with reinstatement and two weeks pay, to which they refused.. I've worked with them for about 6 months and received no notice or anything, just a reduction in my hours so dire as to make them non-existent.
The associated Government board has agreed to look into it and get me a weeks pay at the woefully inadequate standard they had me on, I had went without any scheduled shifts before that, but never did I have to depend on the job like I did r=until just recently. There are no jobs available and it might take me months to find another one, and since they're making me take them to court I was wondering what I might reasonable sue for?
I'm a young adult with a GED that is currently enrolled in a 'Certified Industrial Apprenticeship Program.', I've acted as a Crown Witness before and suffered due to false misstatements, much like what happened here. I know people go for months worth of wages, but I am uncertain how I should proceed or if I should. My classes end next month and after that I will have no income, and I'm not afraid to say that I hate the bastard responsible.
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|Dec 30th, 2010, 09:33 AM||#2|
Top Level Member
Join Date: Dec 2009
Re: Constructive Dismissal in Alberta, Canada.
I wish to inform you that as you have been constructively dismissed therefore you may seek compensation for bad faith termination. In this regard you may seek damages for mental stress, breach of employment agreement, and defamation. In case of defamation you will require evidence that your employer had spoken false statement about you to other employees.
|Oct 17th, 2011, 03:18 AM||#3|
Currently being constructively dismissed
the employer has a rule book
the employer disciplines
but the discipline does not follow the rule book
the rule book has policies, procedures, directives and guidelines to ensure consistent conduct for employee maintenance
but this employer applied a rule that was not written in the rule book
verbal arguments stated that the rule chosen and the discipline enforced was the consistent past practice
but has not shown anything in writing to support that claim
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