Retired football coach, broadcaster and motivational speaker Lou Holtz said, “Never tell your problems to anyone...20% don't care and the other 80% are glad you have them.” Although this may have some truth for most of us, employers must be careful not to fall into either category.
Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.
Is there a law that says employers must prevent employee burnout? No, not really, but occupational health and safety legislation across Canada provides that an employer must take every precaution reasonable in the circumstances to protect a worker. That could include ensuring that an employee does not suffer from full blown burnout. When employers assist in this regard, they are also ensuring that their workplaces remain healthy and productive, and have higher morale.
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