constitute constructive dismissal
Unlike many other types of employment law claims, constructive dismissal is not based on a specific term or condition in an employee’s contract. Instead, this type of claim focuses on whether an employer’s actions or words amount to a fundamental breach of the contract that would make it intolerable for a reasonable person to continue working under those conditions. Generally speaking, to qualify as a fundamental breach, the change must be significant and unreasonable. Nevertheless, every circumstance will be assessed on its own merits and must be considered in light of the totality of the circumstances.
While there are several factors that may constitute a constructive dismissal, the most common reason for an employee to file one involves being subjected to a significant change in their work-related duties or environment. This can include a significant reduction in pay, requiring them to relocate or work remotely, demoting them, and even forcing them to undergo a hostile or toxic work environment.
In order to prove that they have been constructive dismissal, an employee must show that the changes that have occurred were so severe that it would be impossible for them to remain employed under those conditions. This must be shown by showing that the change was unwarranted and was not a reasonable response to a business need. This must also be demonstrated by showing that the employee attempted to resolve the situation in a formal manner through means such as a written letter or email, and that they were unable to do so to their satisfaction.
What are examples of behavior that may constitute constructive dismissal?
The most important point to remember is that, in order for an employee to claim constructive dismissal, the behaviour of their employer must be so severe that it makes it impractical for them to continue to work under those circumstances. Therefore, a minor dock in pay or slight change in duties, and even an ornery boss, do not typically qualify as constructive dismissal.
In addition, an employee must formally resign within a reasonable period of time following their employer’s unilateral change of contractual terms in order to successfully bring a constructive termination claim. This is because if the employee continues to work after this period, they will be deemed to have acquiesced to the change and will forfeit their right to claim severance payments or other compensation for their termination.
If you are concerned that you have been the victim of a constructive dismissal, it is crucial that you contact a Toronto Constructive Dismissal Lawyer as soon as possible to discuss your case. A Benjamin Law employee rights lawyer will be able to assess your situation and determine the best course of action moving forward. Our team of experienced lawyers is available to help you with any labour or workplace dispute. Contact us today to schedule a free consultation. We look forward to hearing from you!
