Constructive Dismissal Justified
If a workplace becomes intolerable for an employee due to their employer’s actions, the situation may lead to the employee resigning voluntarily. However, there are strict legal requirements that must be met before an employee can make a valid claim for constructive dismissal. The employer must be in breach of one or more labor or anti-discrimination laws. Furthermore, the employer’s behaviour must be severe enough to amount to a fundamental breach of contract.
An employer may breach either express or implied terms of an employment contract. Examples of a breach of an express term include the sudden and unilateral reduction in salary or other forms of compensation, overhauling job responsibilities or reporting functions within the company hierarchy, significant changes to working conditions, or an arbitrary suspension. A breach of an implied term such as the obligation to maintain a relationship of trust and confidence would also be sufficient to trigger a claim for constructive dismissal.
It is essential that employees who believe they have been unfairly dismissed consult with an employment lawyer as soon as possible. If a claim is successful, the former employee will be entitled to compensation such as severance pay, lost wages, and benefits. In addition, the employer can be liable for damages for breach of privacy, defamation, loss of reputation, and distress.
When is Constructive Dismissal Justified?
The first step in making a constructive dismissal toronto claim is to bring the matter up with an employer in a formal manner, such as via letter or email. The letter or email should be clear and concise and detail any of the significant changes that have taken place. It is important to take contemporaneous notes so that the details are as accurate as possible.
In many cases, the issue can be resolved by simply addressing the problem directly with the employer. Ideally, the employer will rescind any of the contested policies and provide an explanation for the change in policy. However, if the problem cannot be resolved, it is important to consider how to proceed.
Depending on the nature of the issues, it may be necessary to formally resign in response to the significant changes or incidents that have occurred. It is essential that the employee makes it clear that the resignation is a response to the serious breaches rather than for another reason. Furthermore, the employee should not delay in resigning so that they do not miss the strict 90 day limit for taking action.
It is important that workers who believe they have been subjected to serious misconduct, such as bullying, discrimination or harassment in the workplace, seek legal advice as soon as possible. An experienced Toronto Constructive Dismissal Lawyer at Benjamin Law can help you understand your rights and options in any workplace situation. Contact us today to schedule a free consultation. We will assess the circumstances and determine if you have grounds for a constructive dismissal claim. Don’t wait any longer – your future depends on it! Call now.
