Returning from parental leave

In Ontario, when an employee’s pregnancy, parental or emergency leave concludes, the employer is required to reinstate her to the position she most recently held
By Peter Israel
|Canadian Employment Law Today


Prior to taking maternity leave the employee was the only person in her department. She completed all tasks required to run the department and she advised senior management. While the employee was on maternity leave, a replacement was hired and worked for most of the year performing all the functions that the employee did prior to her leave. The Friday before the employee was to return, the employer told her the person hired to replace her was now her manager and the major tasks in the department and other duties once performed by the employee would now be performed by the new manager. Are there any grounds for constructive dismissal, discrimination or some other legal action?