HOW SEXUAL HARASSMENT IN WORKPLACE COULD LEAD TO A CONSTRUCTIVE DISMISSAL?
The shocking tale of a company that fired and re-hired a man against whom there were credible sexual harassment complaints has shed some light on the re-victimization of those who have been victims of sexual harassment in the workplace. It has raised several questions regarding empathy towards victims of sexual harassment. If you have been a victim of sexual harassment, then get in touch with an Employment Lawyer Toronto who will help you fight for your right. Here is all that you need to know about sexual harassment in the workplace and constructive dismissal.
What is Sexual harassment?
Any unwelcome conduct of a sexual nature which has drastic effects on the work environment or leads to adverse job-related consequences for the victim is termed as sexual harassment.
What is constructive dismissal?
Constructive dismissal or disguised dismissal is the unilateral action of the employer to change the terms of employment in such a manner that you are forced to quit. A single incident is enough to prove constructive dismissal.
Colistro v. Tbaytel : Re-victimization:
The case shed light on how employers can carry out constructive dismissal. In this case, members of the female staff complained of sexual harassment against the male supervisor. The man was dismissed without cause termination and received severance pay and was rehired 11 years later in a more senior role. The conduct was “demeaning, dismissive and re-victimized the plaintiff”.
This case proved that the courts should take a flexible approach to constructive dismissal and sexual harassment definition. The employers should be empathetic and mindful towards complaints of sexual harassment.
What are the signs of constructive dismissal through sexual harassment in the workplace?
It is difficult to list out all examples of constructive dismissal based on sexual harassment. After you’ve raised a complaint about sexual harassment in the workplace, there are a few indicators that would help you to understand if you’ve been constructively dismissed. Some of them are:
- Demotion or career progression derails
- Performance evaluation has suffered unfairly
- Branded as ‘troublemaker’
- Denied a raise without a cause
- A failure to act on your complaint.
Is there a time frame for filing the complaint?
Though there is no time limit for filing a complaint against sexual harassment, as this area of law is complex, it requires expertise. Every case is unique and should be discussed with your lawyer.
What is the time period for constructive dismissal claim?
Even though there is a two year limitation period set on the claim, it is for the better to approach your employment lawyer right after the dismissal. The lawyer would know when to send the notice of claim so that you aren’t caught in the limitation period.
We understand that sexual harassment cases can be very uneasy and an unempathetic lawyer only adds to the trouble. We create a safe environment for you to share your story with us and we will help you fight for your right.