Related Definition of Constructive Dismissal
In some cases, it may be impossible for an employee to continue working in a work environment that has been rendered intolerable. For example, if an employer changes an essential term of employment such as wages or job duties without good business reasons and it can be objectively seen that the change has made the job intolerable, the employee may be entitled to a constructive dismissal claim. However, there are many different things that can cause an employment contract to be deemed intolerable, and whether or not it constitutes constructive dismissal is often a question of law. This is why it is important to consult with an experienced Toronto employment lawyer before making any decisions regarding resigning from a position.
A close related definition of constructive dismissal is the concept of contractual repudiation. A contractual repudiation happens when an employer makes it clear that they no longer intend to be bound by the terms of a contract. While it is possible to establish a breach of an explicit term, it is generally easier to prove that an implied term has been repudiated.
An implied term of an employment contract is that the employer must treat an employee fairly and with respect. For this reason, an employer is not permitted to behave in a way that could be considered a breach of this implied term. This includes behaviour that is a fundamental breach of the terms of trust and confidence implicit in all contracts of employment.
Close Related Definition of Constructive Dismissal
Examples of a breach of an implied term include a significant change in the employee’s work environment, a severe and unjustified reduction in pay or duties, requiring an employee to move to a workplace that significantly alters their commute or lifestyle, or a demotion of the employee without justification. An arbitration clause in an employment contract can also be a breach of this implied term if it is used arbitrarily to suspend the employee’s employment without pay.
If you have questions about employment contracts or feel that you have been unfairly treated by your employer, contact Achkar Law to speak with a constructive dismissal Toronto lawyer. We are experts in advising clients about their rights and obligations under the Ontario Employment Standards Act.
Aside from helping clients understand their rights, we also assist employers with issues relating to downsizing or restructuring their businesses. We can help you prepare employee severance packages and ensure that all of your employees’ employment contracts are in accordance with the provincial labour laws. We can also advise you of your obligations to provide your employees with proper medical coverage and leave entitlements. Our goal is to help you meet all of your legal requirements in the workplace so that you can focus on what matters most – your business. Call or email us today to arrange a consultation with a lawyer at Achkar Law. We are available for appointments at our office in downtown Toronto and are happy to travel to meet with you if necessary.
