An employee’s right to protect themselves from termination of employment is reasonable. Daniel Lublin, Toronto Employment Lawyer offers some insight on this topic in his most recent Globe and Mail column.
There are unfortunate incidents when an employee finds that it is necessary to file a complaint against a co-worker. What happens when the employer does not address the situation properly or at all? Mr. Lublin explains that formal or informal complaints need to be addressed. An employer has a legal duty to investigate the complaint and take the necessary measures to prevent the issue at hand from occurring in the workplace. If your employer does not take proper action, an employee has alternatives. He offers this piece of advice, it is a good idea to document in writing that you are making a complaint, although oral complaints still require the employer to act. If the complaint is based on bullying or harassment, there are other factors that can come into play.
In the event that an employee gives an employer notice of resignation in the long unforeseen future and the employer deems this an immediate resignation, what should an employee do? Daniel Lublin states that you need to write to the employer immediately and repeat that you are not resigning and that you intend to keep working. Since this was not a resignation of immediate effect, you can be entitled to more.
To find out more about these issues read Daniel Lublin’s Globe and Mail column and full article, How can I ensure I won’t be fired at a new job?