Constructive Dismissal

The law defines constructive dismissal as a situation in which an employer has so fundamentally breached an implied term of an employee’s contract of employment that it makes continuing the employment relationship intolerable. It doesn’t have to be a single action, omission or incident that triggers the claim, but it could be a series of minor breaches over time. If the employee was able to raise their grievance with the employer and they were not resolvable, this could also be a case of constructive dismissal.

Examples of constructive dismissal include a demotion or a reduction in pay, the forcing of an employee to work in another location that would result in a significant change in their commute or a job title that is less well-known or can be considered demeaning, reassigning the worker to work under someone who is younger (for age discrimination claims) or harassment calculated to encourage resignation. This list is not exhaustive as a court can find constructive dismissal based on a number of different issues and the outcomes will depend heavily on the specific circumstances of each individual case.

Constructive Dismissal is not a form of termination and therefore the employee will still be able to receive their severance package if they decide to leave. However, it is a difficult claim to prove and it often takes a long time to resolve. In fact, only around 5% of cases that are brought to an employment tribunal succeed in winning compensation for the worker.

Examples of Constructive Dismissal

If you are experiencing problems with your workplace environment, a Toronto constructive dismissal lawyer can help. At Bune Law, we can review your situation and help you determine the strength of your case before recommending an appropriate strategy.

Ultimately, the courts will decide whether there has been a constructive dismissal lawyer near me or not, and they will look at how a reasonable person in the same position would have felt compelled to resign. It is a very fact-driven process and the court will consider all of the evidence and the circumstances surrounding the change in employment terms.

An important aspect of a constructive dismissal is the amount of deliberation involved in the change and how significant the change was. The changes that are significant must be a serious breach of the employee’s contractual rights, and not just a matter of opinion. For example, it may not be considered a constructive dismissal if the employer simply wanted to rearrange the office layout or implement new policies and procedures.

In addition, it is generally not a constructive dismissal if the employer gave adequate notice of the change in employment terms. Providing reasonable notice of the change gives the employer an opportunity to defend themselves and allows them to take steps to mitigate any damages that they may incur from the claim.

For more information about constructive dismissal and what your options are, contact Bune Law today to schedule a consultation with an experienced Toronto employment lawyer. A member of our team can provide you with a complete assessment of your case and assist you in making the best decision moving forward.