Constructive Dismissal
Depending on the situation, constructive dismissal can seriously impact an employee’s career, financial security and wellbeing. It is therefore important that employees pay attention to workplace issues and seek advice from an experienced employment lawyer if they suspect that they are being subjected to bullying, harassment, or discrimination. Documenting incidents and addressing them promptly are also important. When employees are subjected to unfair, unwarranted or disproportionate changes to their job duties, or if they believe that their employer is engaging in harassment or discrimination, it can often lead to an immediate resignation.
When can an employee consider their employer to have breached a contract? Employees must be able to show that their employer breached both the express and implied terms of their employment contract in order to claim constructive dismissal. This means that the employee must be able to show that the breach was so severe that it entitled them to treat themselves as dismissed and claim monetary compensation.
A few examples of a breach of an express or implied term of the contract would be a unilateral change to an employee’s hours, shift or location that significantly alters their work life balance, for example moving them from daytime to overnight shifts; or changing their reporting relationship and/or making it difficult to get in touch with management. Another example is a demotion that makes it impossible to perform their current role and that significantly reduces the overall value of their job.
Employee Rights and Constructive Dismissal
Other breaches include requiring an employee to relocate and imposing unreasonable time restrictions on their commute, such as forcing them to leave early to avoid traffic. It is also possible to be found to have been constructively dismissed if an employer fails to provide a safe and healthy working environment or when the employer’s actions are retaliatory for the employee raising concerns or participating in a disciplinary process.
It is important to note that in addition to the requirement that an employee must be able to prove they were dismissed, they must also have reasonable alternative employment available to them. This will typically be based on the length of their contract, the age of the employee, and the availability of similar employment within a reasonable distance (for instance, it may take longer for a Vice President to find work as a fast food cashier than for a senior retail associate).
Before considering resigning in response to a workplace issue, an experienced constructive dismissal lawyer near me Toronto should be consulted to discuss the matter. Paulette and her team are strategic problem solvers and can assist employers in developing procedures to avoid such claims, or assist in a wrongful dismissal action in court where necessary. Contact us to schedule a free consultation. We are ready to listen. Unified LLP is located in Toronto, Ontario. We serve clients across Canada.
