In a paper consisting of eighteen pages the issue of constructive dismissal is examined from the perspective of Canadian law and its difficulty to prove. Eight sources are cited in the bibliography.
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is one of the most difficult for employers to prove. When an employee is fired it must be proven in a Canadian court of law that there were no
other options available to the employer and that the employee had to be fired. This is not easy to prove on the part of the employer. CANADIAN EMPLOYMENT
LAWS Because the United States and Canada are such close neighbors it is easy for those in the United States to assume that Canadian employees will have the same rights
and statutes as U. S. employees. Nothing could be further from the truth and this, it is said, can "lead to expensive legal headaches" (Gupta 2001, A5). There
are many mistakes that U. S. employers make in their assumptions in hiring Canadian employees. Employment at will is not a recognized term in Canada employment law. In other
words, even if an employer has hired a temporary employee who has signed a contract validating that it is indeed a temporary position, Canadian employment law states that an employer
must give reasonable notice before releasing any employee. The crux of this matter is that reasonable notice in the eyes of Canadian employment law can range from one month
up to three years (Gupta 2001). ADDITIONAL DIFFERENCES IN CANDIAN EMPLOYMENT LAW Whereas employers in the United States might once in a while take the opportunity to conduct demographic
surveys of their employees for census purposes, this is considered illegal inquiry in the eyes of Canadian law. Random drug screening or pre-employment drug testing also is not allowed
in the case of Canadian employees (Gupta 2001). Clearly the Canadian employment law normally favors the employee. This is where there is some confusion as well as major differences