[Confidential] Constructive Dismissal

[El Bastardo]

The following is a submission from an anonymous Revscene member. Please keep responses on-topic, constructive, and relevant

I've been looking into the legal definition of the term due to an upcoming change in duties to my job that equal to an unjust demotion. In essence, it's when an employer has created a severely unsatisfactory work environment for an employee, or has breached their contract to a point where the employee is forced to resign. In the event of a constructive dismissal, an employee can quit while still being able to claim unmployment benefits as it is equivalent to a wrongful dismissal claim.

Interpretation Guidelines Manual, Employment Standards Branch, Ministry of Labour, Government of B.C.

Factors to consider when applying s.66

In order for there to be a termination for purposes of this section, it must be proven that the employer has made a fundamental change to an employee’s terms and conditions of employment without providing the employee with reasonable notice of the change. It must be shown that the change made by the employer places the employee in a position of having to accept as a condition of continued employment, changes to wages, working conditions or benefits which an objective, reasonable person would find to be unfair, unreasonable and unacceptable.

It is not necessary to show that the employer’s intent was to encourage the employee to leave their employment.

If a substantial adverse change is made unilaterally by an employer and as a result of this change the employee makes the decision to quit, either immediately or within a reasonable period, it could still be considered that the ending of the employment relationship was the result of the employer’s actions and the employee would be considered to have been terminated for purposes of this section. Some of the factors to consider include:
reduction of wage rate;

change in geographic location;

limiting of authority;

demotion;

change in responsibilities, imposed solely by the employer.

In my case, I am a third-year apprentice technician slated to become one of the new "express lube" technicians that our shop is intending to implement in the new year. Objecting would have led to possible dismissal or threats from an assistant manager that has a controlling nature that has led to constant infighting, animosity, and general poor work environment. In addition, within the three years I have worked for my company, I have been in an environment that is counter-productive to my progress as an apprentice despite repeated requests to take on more challenging work. What I have been told was "in due time"; I understand the concept of paying your dues, but when a third year apprentice has only done one set of brakes and one drive belt within that period, the employer's contractual obligation to provide a learning environment for their apprentice has been broken somewhere.

In short I feel like I have been demoted in position, because the Express Lube concept is generally limited to pre-apprentices or first years. I feel like I can make a constructive dismissal claim so I can quit but retain EI benefits in the event things get to the point where quitting is the only option. Does anyone think I have the grounds to do so?


I do expect replies along the lines that "I'm butthurt that I complained about a change in duties", or "You're not experienced enough and should still change oil for a little longer". However, apprenticeships should be about hands-on learning, not picking up scraps of knowledge merely watching a journeyman work in between oil changes, or making a diagnosis only to have it passed away because "it pays good money".

tl;dr for those who didn't read: I feel that my upcoming change to a designated lube technician will lead to a reduction in duties that sum up to a unfair demotion, coupled with a hostile work environment. Delegation with the employer has yielded no compromise. Do I have grounds for a "Constructive Dismissal" claim under the Employment Standards Act Section 66?

Thanks for taking in a long-ass read.

[Iceman-19]

Dude. You have worked there for 3 years and literally only done 2 hands on mechanical jobs? WHY ARE YOU STILL THERE?

[Klobbersaurus]

is this a dealership? if your doing brake jobs and other jobs, your taking away units from the other techs thus they get less money

[!SG]

sounds like a flat rate shop.

jobs in which are considered easy, are not provided, which seems because they are gravy work.

possible that your shop has too many techs, and being flat rate, everyone is scrambling around to get as many jobs under their belt?

difficult diagnosing jobs wouldnt be given to you because you dont have the technical know how, and thus will be costing the dealership money. easier jobs wouldnt be given to you because they will be taking away the gravy from the regular techs.

tough one, very tough one, especially if the environment sounds hostile.

[BoostedBB6]

I do not believe there is a legal definition of what an apprentichip consists of other than to teach.
I don't think that you will get any EI if you quit as it will be hard for you to prove anything and no legal leg to stand on.
If you are third year and you have been there 3 years and are still doing lube jobs you seem to lack motivation or common sense.

Within the first year you should have been moving onto jobs better than an oil change.
Time to go out and find another job.

[Puck Luck]

By any chance, is this a honda dealer?

[El Bastardo]

The following is a reply from the anonymous original poster

Originally Posted by Iceman-19

Dude. You have worked there for 3 years and literally only done 2 hands on mechanical jobs? WHY ARE YOU STILL THERE?

Originally Posted by BoostedBB6

I do not believe there is a legal definition of what an apprentichip consists of other than to teach.
I don't think that you will get any EI if you quit as it will be hard for you to prove anything and no legal leg to stand on.
If you are third year and you have been there 3 years and are still doing lube jobs you seem to lack motivation or common sense.

Within the first year you should have been moving onto jobs better than an oil change.
Time to go out and find another job.

I was dangled with the carrot of "with time, I (the tower operator),will give you more challenging work. With the lack of jobs, I stuck it out, getting a few alignments and mostly accessories that did nothing for mechanical experience except for ripping apart underneath dashboards and one set of (rare) lowering springs. I was eager to learn and have asked repeatedly for harder work, but our control freak tower operator still sees me as "green". I have yet to do any mechanical work I've personally diagnosed and had correctly checked by a tech. It would get passed on despite me knowing I was capable of doing it.

Our shop runs 10 techs at, 4 apprentices, the two apprentices going full tech within the next six months, when we have a full house. There's a lack of effort up front to pull in work, yet management fails to see this despite the constant complaint of lack of hours.

I have the motivation to do the work, but common sense said to stick it out for the money, which is what I came into the trade for second. The former falls on deaf ears that cannot be stopped because the gravy is controlled completely by the tower operator, and if he's crossed, you won't make money.

[hopalong]

Honestly if you want more hands on jobs then try apprenticing in a small mom/pop shop. They do anything and everything there and isn't limited to 1 certain brand.