Have You Experienced Workplace Harassment?

Constructive dismissal is where an employee is feeling forced to resign due to a significant change or hostile work environment. Constructive dismissal is a legal concept in employment law that applies in Alberta when an employer’s actions force an employee to quit, even though the employer has not formally fired them. In essence, constructive dismissal occurs when an employer unilaterally makes a fundamental change to the employment contract or creates intolerable working conditions, so that continuing in the job is no longer reasonable for the employee. For example, a significant reduction in pay or a major change in hours, job duties or work location without the employee’s consent can constitute constructive dismissal. Severe workplace harassment or a toxic work environment that the employer fails to remedy can also lead an employee to claim constructive dismissal, since the employer’s actions (or inaction) fundamentally breach the employment relationship.

Under Alberta law, when an employee quits because of a constructive dismissal, it is treated as if the employer terminated the employment. The employee may be entitled to the same severance or termination pay they would have received if they had been fired outright. In other words, the law recognizes that the resignation wasn’t truly voluntary but was forced by the employer’s conduct. However, an employee asserting constructive dismissal must act promptly. If you continue working under the changed conditions for too long without objection, it may be viewed as accepting the change, which can defeat a claim of constructive dismissal. Employees are generally expected to object to the change and resign within a reasonable time if they intend to claim constructive dismissal. It’s a good idea to seek legal advice before quitting, because you will need to show that the changes or harassment were so serious that you had no reasonable choice but to resign.

Employee Rights and Employer Obligations (Harassment and Workplace Conditions)

Right to a Harassment-Free Workplace: Employees in Alberta have the right to a safe and healthy work environment that is free from harassment and violence . Employers are legally required to maintain such an environment. The Alberta OHS Act specifically mandates that employers ensure workers are not subjected to harassment or violence at the work site, as far as is reasonably practicable. Supervisors must also prevent workers under their supervision from being harassed. In practice, this means an employer should have clear policies prohibiting harassment, provide training, and take complaints seriously. Workers, for their part, have the right to report harassment and to have it addressed, and they also have a duty not to engage in harassing others . By law, workplace harassment and violence is not acceptable and must be treated as a workplace hazard to be controlled .

Harassment Prevention and Workplace Safety: Alberta’s occupational health and safety laws place a positive obligation on employers to prevent and address workplace harassment. Employers must develop and implement a written violence and harassment prevention plan in consultation with workers. This plan should include procedures for workers to report incidents, how those incidents will be investigated and resolved, and measures to protect workers from harassment. Employers are also required to investigate incidents of harassment or violence and take corrective action. Failing to do so can result in enforcement action. Additionally, employers must inform workers of any available treatment or support if they are harmed by workplace harassment, and workers are entitled to wages and benefits while attending approved treatment programs related to such harm (for example, if they need counseling due to a workplace harassment incident). Employees have the right to refuse dangerous work – this typically applies to physical safety, but if a situation of severe harassment poses a danger to a worker’s health, that right may come into play as well. In all cases, employers need to proactively ensure workplace conditions do not become abusive or hostile.

No Discrimination or Harassment (Human Rights): Employees are protected from harassment that is linked to protected grounds under the Alberta Human Rights Act. Every employee has the right to equal treatment and respect at work, regardless of characteristics like race, religion, sex, age, disability, gender identity, etc. If harassment does occur based on these grounds, the employer has an obligation to stop it and prevent it from recurring. Employers can be held responsible under human rights law if they allow a poisoned (discriminatory) work environment to persist. Reasonable steps must be taken to address complaints of things like sexual harassment or racial harassment. Often, this means employers should have a human rights or respectful workplace policy, provide a process for complaints, and promptly investigate and remedy any discrimination or harassment. An employee who experiences harassment based on protected grounds can file a human rights complaint, and the employer may be required to provide a remedy (such as an apology, compensation, or changes in the workplace) if discrimination is proven. In short, employers must ensure no employee is harassed due to personal characteristics, and employees have the right to a workplace free from discrimination .

Protection from Reprisal: It is illegal for employers to retaliate against a worker for asserting their rights or reporting issues like harassment. Alberta law protects employees who make complaints or enforce their rights – this is often referred to as protection from reprisal. Under the OHS Act, an employer cannot discipline or fire a worker for reporting a health and safety concern or refusing unsafe work (and this includes reporting workplace harassment as a safety issue). Similarly, the Alberta Human Rights Act specifically prohibits reprisals: an employer cannot punish or penalize someone for filing a human rights complaint or for being a witness/participant in the complaint process. This means, for example, your boss cannot lawfully fire, demote, reduce your hours, or otherwise punish you just because you complained about harassment or sought a legal remedy. If they do, that act itself can give rise to legal consequences. In fact, if an employer retaliates by significantly changing your job or firing you, that could be treated as a further violation of the law and potentially as a constructive dismissal or wrongful dismissal on its own. Bottom line: Employees should be able to speak up about harassment or unsafe work conditions without fear of losing their job or facing discipline – those retaliatory actions are against the law in Alberta.

Maintaining Respectful Workplace Conditions: Both employers and employees share responsibility for a respectful workplace. Employers must not only refrain from harassing behavior themselves, but also take reasonable steps to prevent and respond to harassment among staff or by third parties (clients, contractors, etc.). Workplace conditions such as excessive overwork, unfair assignment of duties, or allowing a culture of bullying can all contribute to a constructive dismissal claim or violate OHS obligations if they create harm. Employers should monitor workplace conditions and address issues like overbearing managers or workplace bullying before they escalate. From the employee’s side, workers are expected to comply with workplace rules and not create hostile conditions for others. If an employer needs to make changes to workplace conditions (e.g. schedule changes, relocations), they should communicate and, ideally, get agreement, to avoid breaching the employment contract. Significant negative changes imposed without consent can trigger the constructive dismissal principle, so employers have an obligation to make changes reasonably or provide notice/compensation for them. In all cases, respect and communication are key: a respectful, well-communicated change is less likely to be viewed as constructive dismissal, and a workplace with a good harassment policy and training is less likely to have harassment incidents. Alberta employers should regularly review their workplace policies and climate to ensure they meet their legal obligations and that employees’ rights are upheld.

Relevant Laws and Legal Frameworks in Alberta

• Occupational Health and Safety Act (Alberta) – The OHS Act and its regulations address workplace harassment and violence as safety issues. The OHS Act defines harassment and violence as workplace hazards that must be controlled. Under this law, employers must take reasonable steps to prevent harassment and violence and must respond to incidents when they occur. The OHS Act requires employers to have a written harassment and violence prevention plan, conduct training, and review these plans at least every 3 years . If an employer fails to meet these requirements, Alberta Occupational Health and Safety officers can enforce compliance (for example, by issuing orders or penalties). The OHS Act also gives workers the right to refuse dangerous work and protects workers from reprisals for reporting safety concerns, which would include reporting harassment. In summary, the OHS legislation provides the framework to ensure workplaces address harassment proactively as a matter of safety.

• Alberta Human Rights Act (AHRA) – The AHRA is Alberta’s anti-discrimination law. It prohibits discrimination in employment on protected grounds such as race, religious beliefs, color, gender (including pregnancy and sexual harassment), gender identity, gender expression, physical or mental disability, age, ancestry, place of origin, marital status, family status, and source of income. Harassment is considered a form of discrimination under this Act when it is based on a protected ground.  For instance, sexual harassment is discrimination based on sex, and racial harassment is discrimination based on race. The AHRA requires employers to ensure a workplace free of discrimination and to accommodate employees (to the point of undue hardship) when needed. Victims of protected-ground harassment can make a complaint to the Alberta Human Rights Commission, which administers the Act. The Commission will investigate and can mediate or refer the complaint to a tribunal. Remedies under the AHRA can include orders to stop the harassment, changes in workplace policies, financial compensation for lost wages or injury to dignity, and other appropriate relief. There is a one-year limitation period to file a human rights complaint from the date of the harassment incident. The AHRA framework is focused on ensuring equitable, discrimination-free workplaces, and it holds employers accountable for harassment tied to prohibited grounds.

• Employment Standards Code (Alberta) – The Employment Standards Code (ESC) sets out the minimum standards for things like wages, overtime, vacations, and termination of employment in provincially-regulated workplaces. While the ESC does not specifically regulate day-to-day harassment, it is relevant when harassment or poor workplace conditions lead to termination or resignation. The ESC contains rules on termination notice and pay, and it recognizes the concept of constructive dismissal in determining an employee’s rights to termination pay. Constructive dismissal, as discussed above, arises when an employer’s unilateral changes to the job are so drastic that the employee is forced to quit. Alberta’s government materials explain that constructive dismissal occurs when an employer does something so contrary to the employment relationship that it forces the employee to quit, and the change must be significant (e.g. a major cut in pay or a fundamental change in position). If an employee quits and is found to have been constructively dismissed, the Employment Standards Code entitles them to the same termination pay or notice they would get if the employer had terminated them directly. The ESC also lists certain situations where an employee can quit without notice (for example, if the employer reduces the wage rate or if continuing employment would endanger health or safety) – these provisions reflect some scenarios akin to constructive dismissal or unsafe work. In short, the Employment Standards framework ensures employees are compensated when their employment is effectively ended without proper notice, including in constructive dismissal scenarios. Employees can file a complaint with Employment Standards if they believe they are owed termination pay due to a constructive dismissal . (Note: The ESC provides minimum entitlements; employees may have greater rights under common law, as explained below.)

• Common Law (Wrongful Dismissal) – In addition to the statutes above, Alberta employment relationships are also governed by common law. Under common law, if an employer dismisses an employee without just cause, the employee is generally entitled to reasonable notice or pay in lieu of notice (often more than the minimum in the Employment Standards Code). In a constructive dismissal situation, an employee can sue for wrongful dismissal on the basis that the employer, in effect, terminated the employment contract by substantially breaching it. Courts will look at whether the changes to the job or the harassment were so serious that a reasonable person in the employee’s position would feel they had no choice but to resign. If the court agrees it was a constructive dismissal, the employee can be awarded damages equivalent to the notice period (severance) they should have received. This is sometimes referred to as seeking “full severance pay” or reasonable notice under the common law. The common law also allows for other damages in some cases (for example, aggravated or punitive damages if the employer’s conduct was especially egregious, or damages for mental distress). While not a statute, the common law is an important legal framework that works alongside Alberta’s statutes. Many constructive dismissal claims, especially for serious harassment, are resolved through negotiation or litigation using common law principles if they are not handled through Employment Standards or human rights processes.

Note: Federally regulated employees (banks, telecommunications, interprovincial transport, etc.) are covered by the Canada Labour Code and Canadian Human Rights Act, which have similar provisions against harassment and constructive dismissal. But for most Alberta workplaces, the provincial laws above apply.

Legal Remedies for Employees Facing Harassment or Constructive Dismissal

Employees who are dealing with workplace harassment or a constructive dismissal have several legal remedies and avenues of recourse available. The appropriate remedy can depend on the nature of the issue (harassment based on discrimination, general bullying, a forced resignation, etc.). Below are the key remedies and claims an employee can consider:

• Internal Complaint and Resolution:  Although not a formal legal claim, the first step in many cases is to use any internal workplace harassment policy or grievance process. Alberta law actually requires employers to have a process to address harassment complaints. By reporting the issue to a manager, human resources, or via a formal complaint channel at work, the employee gives the employer a chance to investigate and correct the situation. Employers are obligated to investigate harassment allegations and take appropriate action. If the issue is resolved internally (for example, through mediation, discipline of the harasser, or changes in the workplace), that can stop the harassment without need for external legal action. Employees should follow their company’s harassment policy procedures if such exist. (If the employer fails to act on a serious harassment complaint, the employee can then escalate to external remedies as discussed below.)

• Occupational Health and Safety Complaint: Workplace harassment (and violence) is enforced as a safety issue in Alberta. An employee can report the harassment to Alberta Occupational Health and Safety (OHS) if the employer is not addressing it. OHS has a toll-free line to receive reports of workplace health and safety incidents, including harassment and violence . An OHS officer may investigate the complaint and can order the employer to take corrective action to ensure a safe workplace. For example, OHS could require the employer to implement or improve a harassment prevention plan, properly investigate the incidents, or in extreme cases, OHS could issue fines or penalties for non-compliance with OHS laws. While an OHS investigation itself typically won’t result in compensation to the individual employee, it is a way to enforce the employer’s obligations and to stop the harassment. Notably, Alberta’s OHS Act also protects workers from reprisals for contacting OHS – an employer cannot lawfully retaliate against you for making an OHS complaint in good faith . This remedy is especially useful if the harassment affects multiple employees or if you want to ensure the employer fixes broader workplace safety issues.

• Alberta Human Rights Complaint: If the harassment is related to one of the protected grounds (e.g. sexual harassment, racial harassment, harassment due to disability, etc.), the affected employee can file a human rights complaint with the Alberta Human Rights Commission. This legal process is designed to address discrimination. The complaint must generally be filed within 12 months of the last incident of harassment. The Commission will investigate the complaint and can facilitate a conciliation/mediation between the employee and employer. If not resolved, the case may go to a human rights tribunal hearing. Remedies through a human rights claim can include compensation for lost wages, damages for pain and humiliation, and orders for the employer to institute anti-harassment training or policies. For instance, an employee who was forced to quit due to sexual harassment could get an award for lost income (if they couldn’t work due to the harassment or had to leave the job) and general damages for the injury to their dignity and self-respect. The tribunal can also order the employer to stop the harassment and prevent it in the future (such as requiring policy changes or training). Human rights remedies are focused on making the victim whole and eliminating discrimination. This route is particularly appropriate when harassment is tied to things like sex, gender, race, religion, disability etc. It’s worth noting you do not need a lawyer to file a human rights complaint – the Commission will investigate – though you may seek legal advice. There is no cost to file a complaint. If a complaint is successful (or settled), the outcome might include an apology, monetary compensation, and measures to ensure the workplace is fair going forward.

• Employment Standards Complaint (Termination Pay): If an employee resigns and believes it was a constructive dismissal, they can file a complaint with Alberta Employment Standards seeking termination pay. Alberta’s Employment Standards Branch will investigate claims that an employee was essentially forced to quit. According to provincial guidelines, when constructive dismissal is found, the employee is entitled to the termination notice or pay they would have received had the employer terminated them. For example, if an employee with 5 years of service resigns because of a fundamental change in their job (constructive dismissal), and the employer would have owed them (say) 4 weeks’ pay in lieu of notice, the Employment Standards officer can order the employer to pay that 4 weeks’ termination pay. Employees can make an Employment Standards complaint online or by contacting the Employment Standards Contact Centre (toll-free). Complaints to Employment Standards must usually be made within 6 months of the last day of work (the time limit for filing for unpaid earnings or termination pay). This route provides a relatively quick administrative process to get minimum owed amounts. However, Employment Standards cannot award additional damages beyond what the legislation guarantees – for example, they won’t award the full common law severance, or damages for mental distress. If an employee wants more than the minimum (and many do, especially for longer service employees), they might consider a civil lawsuit for wrongful dismissal instead of or in addition to the Employment Standards complaint.

• Civil Lawsuit for Wrongful Dismissal: An employee who has been constructively dismissed (or formally fired without cause) can pursue a wrongful dismissal lawsuit in the courts. In the context of harassment or constructive dismissal, this typically means suing the employer for breach of the employment contract by effectively terminating the employment without proper notice. The goal in a wrongful dismissal suit is to obtain damages (money) equivalent to the notice period or severance the employee should have received under common law. Common law notice can be significantly higher than the Employment Standards minimum, depending on the employee’s length of service, age, position, and the availability of similar employment. For example, a  ten-year employee in a senior role might be entitled to much more than the 8 weeks’ pay specified in the ESC – perhaps 6, 9, or 12 months of pay – which could be sought in a lawsuit. In cases of constructive dismissal due to harassment, the court may also award additional damages if the manner of dismissal was particularly cruel or if the harassment was egregious. As noted, if an employer’s reprisals or harassment significantly change an employee’s job, that itself allows the employee to quit and seek full severance pay through a legal claim. Suing in court typically involves hiring a lawyer, and many cases settle out of court. This route can be more time-consuming and costly, but it may result in a larger compensation amount than the statutory avenues. It’s important that the employee document the reasons for resignation and ideally put in writing that they consider themselves constructively dismissed, as evidence for the case. Note: An employee cannot “double recover,” so if you pursue a court action for wrongful dismissal, you wouldn’t also get a duplicate payout from Employment Standards (any ESC payment would be credited against the court award). Legal advice is highly recommended to navigate this.

• Union Grievance (for Unionized Workers): If the employee is part of a union, their situation will generally be handled through the collective agreement’s grievance and arbitration process rather than the above avenues. A unionized employee who experiences harassment should report it to their union representative or shop steward. The collective agreement likely has a clause requiring a harassment-free workplace, and the union can file a grievance on the employee’s behalf. Similarly, if a unionized employee feels the employer effectively forced them out (constructive dismissal), that would be dealt with as a grievance for unjust dismissal. In arbitration, an adjudicator can order remedies such as reinstatement to the job, back pay, compensation, or requirements for the employer to address the harassment (for example, removing a harasser from a position of authority, or implementing training). Unionized employees usually cannot sue in court or file Employment Standards complaints for these issues; instead, they are confined to the labour relations/collective agreement process. The union will typically provide the representation (lawyers or officials) for the employee in this process. The outcomes can be quite effective – for instance, reinstating someone who was forced out due to harassment is something only an arbitrator (or human rights tribunal) can do, not a court in a wrongful dismissal case.

• Other Remedies and Avenues: In some cases, severe harassment might also be addressed through other legal avenues. For example, if the harassment involves violence or threats, the employee can involve the police (criminal charges could be laid for assault, sexual assault, criminal harassment (stalking), etc.). While criminal proceedings are against the perpetrator (not the employer) and separate from employment law, they can run in parallel to protect the employee’s safety. If the employee suffers a diagnosable injury (such as a psychological injury like an anxiety disorder or depression) due to workplace harassment, they might be eligible for Workers’ Compensation Board (WCB) benefits (Alberta’s WCB covers work-related injuries, including psychological injuries in some cases). This isn’t a direct legal claim against the employer (workers’ comp is a no-fault insurance system), but it can provide wage replacement or treatment costs for the injured worker. Additionally, Alberta courts have begun to recognize a possible tort of harassment or intentional infliction of mental suffering in rare circumstances – meaning if an employer or co-worker’s conduct is extreme and outrageous, an employee might sue for damages specifically for the harassment itself (this is an evolving area of law and not a typical route). Most often, though, such damages would be sought as part of a wrongful dismissal or human rights claim rather than a standalone lawsuit. Finally, if an employee simply wants to leave a toxic workplace, they can negotiate severance directly with the employer (perhaps with a lawyer’s help) rather than immediately filing a claim – some employers will agree to provide a settlement to avoid litigation or a formal complaint.

In summary, employees have multiple tools to address harassment and constructive dismissal: internal processes, regulatory complaints (OHS or Employment Standards), human rights complaints, or legal action for wrongful dismissal or discrimination. The appropriate route may depend on the specifics (for example, human rights for discriminatory harassment, OHS for safety enforcement, courts for higher damages). Some employees pursue more than one route (e.g. an OHS complaint to stop the harassment and a wrongful dismissal suit for compensation). It’s often wise to consult with an employment lawyer or the Alberta Human Rights Commission to determine the best course of action for your situation.

Steps for Employees Experiencing Harassment or Constructive Dismissal

If you are an employee experiencing workplace harassment or believe you have been (or will be) constructively dismissed, here are practical steps you can take. These steps will help protect your rights and build your case, if needed. Every situation is different, so not all steps may apply in every case, but this is a general guide:

1. Ensure Your Safety and Well-Being: If at any point you feel unsafe (for example, threats or violence), remove yourself from the situation and seek help immediately. For non-violent harassment, if you feel comfortable and safe doing so, clearly inform the harasser that their behavior is unwelcome and must stop. Sometimes a direct communication can resolve misunderstandings. You might say, “Please do not [yell at/Touch/insult] me; it makes me uncomfortable.” Alberta’s Human Rights Commission suggests that if you feel safe, calmly let the person know the behaviour is inappropriate . Document this interaction (what you said and how they responded). If you do not feel safe confronting the harasser, or have reason to believe it could make things worse, you can skip this step – your safety is the top priority. In cases of serious harassment (especially physical or sexual harassment), it’s often better to proceed directly to reporting without confronting the harasser alone.

2. Document Everything: Start keeping a written record of all incidents of harassment or significant changes to your employment conditions. Write down dates, times, locations, who was involved, any witnesses, and exactly what happened in each incident. Save any evidence such as emails, text messages, or photos related to the harassment or changes at work. For example, if your boss suddenly cuts your hours or gives you a new contract with worse terms, keep copies of those communications. If you have performance reviews or emails that show you were doing well before (to counter any false justification later), save those too. A detailed log can serve as powerful evidence later on, and it will help you remember specifics. Alberta OHS resources advise workers to “keep a journal” of harassment incidents with all key details. Also, preserve any relevant documents – don’t delete emails or texts from the harasser; consider forwarding them to a personal email for safekeeping. If any co-workers witnessed the harassment, quietly ask if they would be willing to support or corroborate your account (and note their response). Good documentation will support your case if you file a complaint or legal claim, and it can also help officials verify your story during an investigation.

3. Review and Follow Workplace Policies (Internal Reporting): Check your employee handbook or company policies to see what steps are outlined for reporting harassment or workplace issues. Alberta law requires many employers to have a harassment policy or procedure in place. Follow the internal process if one exists – this might mean reporting the situation to a specific manager, to Human Resources, or to a designated harassment complaint officer. Make the report in writing if possible (such as via email or a formal complaint form) so that you have a record. Be factual and clear about what has occurred and how it has affected you. If your workplace has a Joint Health and Safety Committee or representative, you could also raise the issue with them. Additionally, if you are a unionized worker, report the harassment to your union representative or shop steward; the union can file a grievance on your behalf and guide you through next steps. The Human Rights Commission advises that, if applicable, employees should follow workplace policies for reporting or report it to their union or professional association. By reporting internally, you give the employer a chance to correct the problem – and you further document that you tried to resolve it. Keep copies of any complaints you submit and any responses you receive. If the harasser is your direct supervisor, you may need to go above them (for instance, report to HR or that supervisor’s manager) – check if the policy says who to contact in that scenario. Remember to remain professional and avoid retaliating against the harasser; let the official process handle it. If the situation involves a health/safety danger or violence, you have the right under OHS law to refuse the unsafe work and report the danger immediately.

4. Get Advice and Support: Consider seeking advice from a trusted source about your situation. This could be confidentially talking to a mentor, counselor, or lawyer about the harassment or changes at work. Sometimes employers have Employee Assistance Programs (EAPs) that provide counseling – it can help to talk to a counselor about the stress you’re experiencing. You might also consult with an employment lawyer (many offer an initial consultation, sometimes free) or contact an organization like the Alberta Human Rights Commission to discuss your options. If you’re not sure whether your situation qualifies as constructive dismissal or how to proceed, legal advice can clarify your rights. There are also free or low-cost legal clinics in Alberta (for example, Calgary Legal Guidance, Edmonton Community Legal Centre, or the University of Calgary/Alberta student legal clinics) that may assist with employment matters. Talking to a lawyer or legal clinic can help you decide whether to file a formal complaint, negotiate with your employer, or pursue a lawsuit. Additionally, if you feel emotionally overwhelmed, don’t hesitate to seek mental health support – dealing with harassment or a job loss situation can be very stressful. Reaching out for help is a smart step, not a sign of weakness.

5. External Complaint or Legal Action: If internal efforts do not resolve the issue (or are not feasible), be prepared to escalate to external channels. The route you choose will depend on the circumstances:

• File a Human Rights Complaint: If your harassment involves discrimination (e.g. sexual harassment, racial slurs, etc.), you can file a complaint with the Alberta Human Rights Commission. This must be done within 12 months of the incident . The process starts by submitting a complaint form (available on the Commission’s website). The Commission may investigate and attempt mediation. This process can take many months, but it can result in remedies and is less formal than court. There is no fee to file. Ensure you include all relevant details and evidence in your complaint. The Commission will notify the employer/harasser, who gets a chance to respond.

• Contact Occupational Health and Safety: If the harassment is not necessarily discrimination-based, or if it’s an immediate safety hazard, you can contact Alberta OHS. You can call the OHS Hotline (1-866-415-8690) to report harassment or violence. OHS can advise you on next steps and potentially send an officer to investigate your workplace. You also have the option to file a “disciplinary action complaint” with OHS if you’ve been punished for reporting (reprisal). Remember, OHS complaints can be made anonymously if you fear retaliation; however, an investigation might make it obvious who reported. OHS will typically expect that you gave the employer a chance to fix the issue, unless the situation was too dangerous.

• Employment Standards Complaint: If you have quit (or been forced out) and believe you’re owed termination pay or other amounts, you can file a complaint with Alberta Employment Standards. This can be done online. For example, if you resigned due to a constructive dismissal, inform Employment Standards in your complaint that you consider it a constructive dismissal and provide your reasons (e.g. “My employer drastically cut my salary and I had no choice but to resign”). They will investigate and can order the employer to pay what you are owed if they agree it was a constructive dismissal. Be prepared to provide evidence of the changes (pay stubs, new contract terms, etc.). Complaints to Employment Standards should be filed within 6 months of leaving the job (or within 6 months of the incident if you’re still employed, in some cases).

• Consult or Hire an Employment Lawyer: If you’re considering a lawsuit for wrongful dismissal or seeking a larger severance, an employment lawyer can formally notify your employer of a claim. Sometimes even a lawyer’s letter can prompt a severance offer or settlement discussions. If not, the lawyer can file a Statement of Claim in court on your behalf. Lawsuits have a limitation period (usually 2 years from the date of dismissal in Alberta), so don’t wait too long to start this process if you choose it. Your lawyer will guide you on gathering evidence and will handle legal procedures. Keep in mind that litigation can be costly and is usually a last resort if other avenues fail or are inadequate.

• Criminal or Emergency Situations: If the harassment included sexual assault, threats of violence, stalking, or any other criminal behaviour, report it to the police. This can go alongside any employment-related actions. You may also seek a restraining order or peace bond if needed to keep the harasser away from you. If domestic violence is coming into the workplace (e.g., an abusive partner harassing you at work), tell your employer – they have obligations to take precautions in such cases , and the police can also help.

Choose the path that fits your situation; you may end up using more than one. For instance, it’s common to file a human rights complaint and at the same time pursue a wrongful dismissal claim if you quit due to discriminatory harassment – these can proceed in parallel. Keep notes on whom you spoke to and when (e.g., if you call OHS or a government office, note the date and the advice given). Throughout these processes, continue to maintain your documentation file.

6. Resignation as a Last Resort (if not already done): If the situation is truly unbearable and nothing improves, you might decide to resign. Quitting should generally be a last resort after attempting to resolve the issue or after getting legal advice, because once you quit you cut off the employment relationship. However, in cases of serious harassment or a major unilateral change, quitting may be the only reasonable option to protect your well-being. If you do resign and intend to claim constructive dismissal, it’s often recommended to state in writing (in your resignation letter or email) that you are leaving due to the harmful workplace conditions or the fundamental changes imposed. For example, you could write “I am resigning my position effective immediately. The ongoing harassment I have experienced has made it impossible for me to continue working in this environment.” This can serve as evidence of why you quit. As noted earlier, timing matters – an employee should resign within a reasonable time of the final straw event that prompted the resignation . Do not continue working for months under intolerable conditions and then claim constructive dismissal, as the delay may undermine your claim. If you haven’t already sought legal advice, do so immediately upon resigning (or before resigning, if possible). There may be steps to take to secure EI (Employment Insurance) if you quit for a justified reason – for instance, if you can demonstrate you quit due to harassment, you might still be eligible for EI benefits, but you’ll need to show you had no reasonable alternative but to leave. A lawyer or even Service Canada can advise on documenting this for EI. Once you’ve left, focus on your well-being and gathering any remaining evidence (for example, if coworkers are willing to give statements after you’re gone). Then you can move forward with the legal remedies (human rights, wrongful dismissal, etc.) as discussed. Quitting a job is tough, but remember that no one should have to endure abuse to keep a job. Alberta law recognizes that and will not consider you as having “quit voluntarily” in the usual sense if you left due to severe harassment or a major breach by the employer.

7. Keep Track of Deadlines and Stay Informed: As you proceed, keep aware of important time limits. For instance, the 1-year deadline for human rights complaints and the general 2-year limitation for court claims. Mark these on your calendar. If you are negotiating with your employer (through a lawyer or otherwise), ensure you don’t inadvertently miss a deadline in the meantime. Continue to educate yourself on your rights – resources like the Alberta Human Rights Commission website, Alberta Employment Standards, and OHS materials (many are available online) can provide valuable information. The more you know, the better you can advocate for yourself.

Throughout this process, maintain professionalism as much as possible and take care of yourself. Dealing with harassment or the prospect of job loss is stressful. Rely on personal and professional support networks. Remember that Alberta law is on your side when it comes to the right to a safe, respectful workplace and fair treatment. Taking these steps will strengthen your position and help you reach a resolution, whether that means a better work environment or a fair exit.