Grounds For Constructive Dismissal

Constructive Dismissal

If you are suffering from intolerable workplace conditions, you may be able to claim constructive dismissal. However, it can be difficult to tell when you have grounds for a claim. An experienced Toronto constructive dismissal lawyer can help you assess your situation and determine if there is reason to take legal action.

The most common ground for constructive dismissal is when an employer makes a significant change to an essential term of your contract. This can include changes to compensation, title, duties, hours of work or office location. More recent case law suggests that abusive behaviour by an employer can also constitute constructive dismissal. This can include things like verbal or physical abuse, derogatory and discriminatory comments, or other forms of offensive behaviour that make a work environment intolerable.

To be a breach of your employment contract, the change must be significant and it must make your working life intolerable. A significant change can mean a decrease in salary, or it could be a shift from working 9 to 5 to overnights, or moving from a salaried position to a commission-based job. It is important to note that the change must be made unilaterally and that the change should be considered significant by a reasonable person.

Grounds For Constructive Dismissal

You must have documented evidence of the intolerable working conditions in order to be able to bring a constructive dismissal claim. This evidence can be in the form of emails, text messages, notes taken at meetings or letters. It is important to have documentation that clearly shows how the change is a breach of your employment contract.

It is also important to document when you complained about the intolerable working conditions to your supervisor or HR and that the problem was not resolved. In some cases, you might be able to show that the behaviour was so severe that it was impossible for you to continue to work in your job without making a complaint or handing in your resignation.

When you do bring a constructive dismissal lawyer near me, you will likely be entitled to monetary compensation for the difference between what your employer was paying you and what you would have been paid if you had remained in your job. Often this is calculated based on your length of service, age and the likelihood that you will find similar employment.

The best way to avoid a claim for constructive dismissal is to raise the issue directly with your employer and seek their assistance in finding a solution that works for everyone. It is advisable to do this before taking any further steps, including resigning from your job. This way you can demonstrate that you took the step of resigning only after trying to resolve the problem and when all other options had been exhausted. You can also protect yourself from a claim for constructive dismissal by only accepting a notice period that is in line with the minimum set out in the Employment Standards Act (ESA). This amount is influenced by the local job market, your position and your ability to secure similar employment.

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