Case for wrongful demotion ? I have worked for a local school board I.T department for 26.5 years, the last 13 as Coordinator, a key management role with responsibilities for daily project, and staff supervision of 5 to 10 network, and support technicians. Two years ago, our School Board chose to change our I.T. Manager`s position,(which had been vacant for 3 years) to a part-time, 8 day a month, contract position.
At this time difficulties began. The newly contracted I.T. manager came in, and from the beginning made it clear that he wanted to be taken on full-time, and would tell anyone that would listen. As the only other person in a management role, in the department, I found myself with a target on my back.
Over the past two years, I have had my supervisory and much of my department level responsibilities taken away,(and assume by the I.T manager). I am regularly berated, and have been forced through verbal warnings to go out into our schools, and do the work of our unionized technicians. Even though I pointed out to them that the union would grieve the decision, because I was not part of the union.
Then two weeks ago, I was called in to a meeting with my manager,the HR Manager, and the Director of Education, and told that the union had filed a grievance against the board because I was doing technician`s work in the school. Rather than tell me I was not going to be working in the school anymore, they decided to say I was being demoted to the position of technician.
I am totally devastated. I am going to lose my position, my salary( which still has one year left in its increment scale)and a chunk of my pension, because I only have 3.5 years left until I can retire.
Do I have grounds for wrongful demotion, given that they essentially created the situation for my demotion to happen? What options do I have ? What are my chances of coming out of this ?
Asked over 1 year ago in Ontario
Categories:
Labour & Employment
Comment from Ontario
I am not a Lawyer but hopefully a Lawyer will still answer. I have a few points for you.
The Legal Term for this is Constructive Dismissal. When the terms of your Employment have degraded substantially and it is tanamount to being dismissed.
Here are a few links, they both mention that if you continue to work for long enough (not sure how long that is?) it would appear that you are condoning this. If you weren't given any notice then you certainly have a good case given that you were there for 26.5 years. They can't say that you did anything wrong (ie. dismissed with cause) since they are willing to keep you. I would contact a Lawyer.
http://www.toronto-employmentlawyer.com/law-advice/employment-law-article.php?row_id=19
http://www.labour.gov.on.ca/english/es/pubs/guide/termination.php
Posted over 1 year ago
Comment from Ontario
You will need to eliminate the spaces when you copy and paste the links into your browser.
I hope someone can fix this website! When you copy and past web links and then post the response, spaces get inserted!
Posted over 1 year ago
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 Ontario lawyer
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The situation smacks of constructive dismissal, but ultimately it will boil down to whether it is reasonable in these circumstances for you to continue working in the demoted position. Seems not. Seek the advice of a lawyer, as based on the information provided, the kind of advice and actions you need to take are outside the scope of what can be done here.
Posted over 1 year ago
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