Resources For Employees
> Common Issues for Employees
For more detailed information please contact us at
(416) 593 5844 or by
e-mail. In
no
circumstances will the general legal information provide below substitute for
professional legal advice.
Employee Issues
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Workload Increased
- What Can Employees Do To Protect Themselves
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Constructive Dismissal
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Illness Due to Work Related-Stress
- How must an injury be documented?
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Class Action Issues
Workload Increased
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Increasingly, our firm is consulted by victims of job stress. One executive
recently complained of having been allowed only one week off in last 4 years.
When his wife died, he was permitted only two days absence. He attended work
but immediately walked off the job, unable to return. Another client advised a
lawyer in my office that, over last three years, she was "burned
out". As a result of the various job pressures exerted by her employer,
she walked off the job, no longer able to cope. In doing, so she made matters
worse, disentitling herself from Un-employment Insurance Benefits which are not
paid to employees who resign.
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The last three years have seen significant changes in the work force with
resulting pressures on employees. Down sizing, restructuring and increased
expectations by employers are increasing the stress levels of their employees
to the point of making them physically and emotionally ill.
What Can Employees Do To Protect Themselves, Beyond Appropriate Medical
Treatment?
A temporary illness, such as when the illness is caused by the pressures of the
employee's work, will not justify your employer firing you. although an
employee is obliged to provide an explanation for any absences from work, she
or he can take time off for work-related illness. In most cases, the only
right of the employer is to require proof in the form of a doctor's note.
Work related stress can occur when employees are asked to do work of more than
one person, whether it be a temporary or permanent assignment, and this often
occurs in a restructuring or down sizing. But an employer cannot ask you to
do the impossible: the fact that you cannot do more than your own job is not
cause for dismissal. If a memo or review from an employer starts pointing out
problems with performance that are related to the work overload, an employee
should not hesitate to draw to the employer's attention the reality of the
situation and to ask for assistance.
When an employer's demands are too great, it is important for the employee to
sit down with his or her supervisor or personnel director to discuss concerns
relating to unreasonable job expectations. The employer cannot expect you to
do an impossible task. and is obliged to render assistance to employees where
the work load is significantly increasing or the job is changing.
We often advise clients to document their concerns, especially in instances when
it appears an employer is preparing a case of dismissal for cause.
Constructive Dismissal
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Constructive dismissal is a form of wrongful dismissal where the employer
changes the terms of employment to such an extent that an employee is relieved
of further obligations and can sue for wrongful dismissal. Employees should be
aware that employers have recently been afforded great latitude by the Courts
in making adjustments in the workplace, and these changes may affect their
employees' job descriptions. It is only when there has been a fundamental
change in a job description that an employee may need a legal remedy. Often
the only avenue available to employees is to continue with their jobs and
commence a lawsuit against the employer, while still working for them.
Illness Due to Work-Related Stress
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For employees who become ill as a result of work related stress, the short term
and long term disability plans provided by many employers give some income
protection, if it is necessary for the employee to be absent from work. For
those employees who do not have those benefits, Unemployment Insurance benefits
provide protection for up to 14 weeks of unemployment, at a reduced rate of
income.
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Furthermore, employees have claimed pension from the Worker's Safety and Insurance Act (WSIB) in instances where work related stress has caused permanent injury.
While there are many sources of stress the Workers Compensation Tribunal has
recognized claims in instances where spectacular, incessant conduct by
employers and fellow employees in a work place have led to an emotional or
physical breakdown. These benefits are available only to those employees whose
employers are covered by the Worker's Safety and Insurance Act (WSIB).
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recent case which attracted media coverage involved sexual and racial
harassment of an employee over a prolonged period of time. The Worker's Safety and Insurance Act (WSIB) Tribunal allowed a claim by the employee finding that she was
subjected to the deliberate infliction of mental suffering by fellow employees
and supervisors. In this particular case, water was thrown over the employee
and lewd comments and suggestion continuously made to her. She finally
suffered a mental breakdown.
How Must an Injury Be Documented?
The injury has to be established by psychiatric evidence and has to be
significant before compensation is awarded. Even though employers have
attempted to challenge stress-related claims, the Courts have indicated that
compensation is available through the Worker's Safety and Insurance Act (WSIB).
Temporary
illness may not be grounds for dismissal, permanent illness is grounds
for dismissal. Permanent illness is illness which prevents an employee from
working for an indefinite period of time into the future. The issue is whether
the employee is sufficiently incapacitated that he or she cannot do the fundamental
duties of his or her job for a prolonged period of time. The Courts
in some instances have held that even eighteen months can be construed
temporary. The length of time in each case is individually determined. It
becomes necessary to determine how long the employer can wait for the
employees' return to work as some employees are replaceable for more extended
periods of time. Employees should be aware there is generally no obligation on
an employer to provide them with different work (i.e.. less stressful or
lighter work).
If work-related stress is impacting on your health and interfering with your
work performance and family life, it is often as important to consult with your
lawyer as with your family physician. Preventative measures may be taken to
protect your interesting future dealings with your employer.
Taking control, by understanding your rights and seeking to protect them where
possible, rather then becoming frustrated by an employer who appears less
sympathetic than you would expect them to be, is the recommended approach.
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