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I work for a company (clinic in Ottawa) and have been harassed by management and have had my employment duties changed a number of times. I am a nurse by profession and such is my job. I have been told that I have to do patient intakes and feel that this does not fall within my professional abilities. Furthermore, I had a recent viral illness and my boss (a physician) sent me a requisition for blood tests that had a huge amount of tests listed on it and was telling me to go get these done. Those results would then go to my boss which is problematic. I have also been due to get access to health benefits since it is over 6 months that I am employed and each time I ask about it they give me an excuse and do not give me access to these benefits as outlined in the contract. I have been told I need to see new patients from CRDS in Quebec while working in Ontario (I have both Ontario and Quebec nurse license) even though those patients are supposed to be seen by a doctor. For those same CRDS patients I have been told that I am responsible for booking their follow-ups and tests which is an administrative task and was not written as part of my job in my contract. I find that the practices in this workplace are borderline illegal and I worry for my professional safety working there. I have tried to look for other employment but am staying there since I need employment until I can find a suitable alternative. Please advise on if I would qualify for Constructive Dismissal or otherwise as I am not sure what to do at this point and find my workplace to be an unsafe place and feel harassed and micromanaged by management.

If your duties have been fundamentally changed from that which you agreed to in your contract, then you may have a case for constructive dismissal. However, there usually needs to be a financial component where your income has been reduced. Please contact the number below to set up a consultation to determine if you have been constructively dismissed. You can also contact your regulatory body to discuss your concerns about your professional safety.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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